Fontaine v. Charas

At the trial neither party offered any evidence either as to the decedent’s conduct at the time of the accident or as to her knowledge of the dangerous situation created by the defendant when he stopped his car upon the traveled part of the highway. In fact the record shows no more than that the decedent was in the car at the time it was run into by Perreault, and that the car was at that time under the control of the defendant. Under these circumstances the issue of contributory negligence is not raised (P. L., c. 328, s. 13; Hayes v. Company, 86 N. H. 486, 491), and therefore the plaintiff…