Schwier v. Gray

This is yet another “boulevard rule” 1 case, but unlike most that have reached this Court, where unfavored drivers were attempting to collect from favored drivers, here a favored operator is endeavoring to recover damages from an unfavored operator. The principal question for us to resolve in this appeal is whether there was sufficient evidence of contributory negligence on the part of the favored driver to authorize the submission of that issue to the jury. As we agree with the trial judge that there was, and since with respect to the other contentions raised by the favored driver we discern…