Chesson v. Nello L. Teer Co.

The accident complained of occurred in broad daylight. And when the plaintiff’s evidence is considered in the light most favorable to him, we do not think it is sufficient to establish actionable negligence on the part of the defendant.

The plaintiff’s evidence points unerringly to the fact that he could have seen the barrier on the highway in ample time to have stopped his car before reaching it, if the barrier had not been obscured by another automobile.

What effect then did the conduct of an innocent motorist in obscuring the barrier from plaintiff’s view have upon the rights of the…