Duffey v. Curtis

Hilton, Justice.

This action was brought to recover damages for personal injuries and property loss arising out of an automobile collision at a street intersection. Defendants interposed a counterclaim, which was dismissed at the close of plaintiff’s case. When both parties rested the court directed a verdict in favor of defendants upon the ground that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff appeals from an order denying his motion to have the verdict set aside and a new trial granted.

The court based its conclusion mainly upon evidence showing that…