Hartnett v. Wharton Hardware & Paint Co.

Dissenting Opinion by

Woodside, J.:

I dissent.

When the plaintiff entered the intersection, the defendant was 150 feet away. Having entered the intersection first, the plaintiff had the right of way, and had the right to assume that the defendant would give it to him. Once having committed himself to the crossing of a 25 foot one-way street by accelerating his .speed, there was nothing for him to do but continue across. He had already looked twice, once at the house line, 10 or 12 feet from the curb line, and a second time at the curb line. There he committed himself to crossing the…