La Roche v. Singsen

The plaintiff while crossing a public highway from east to west was struck by the defendant’s automobile which was going north. The defendant rightly does not argue that there was no evidence upon which the jury could have found that he was negligent. His present contention is that the trial judge erred in not ruling, as matter of law, that the defendant had sustained the burden of proving that the plaintiff also was negligent. The evidence was conflicting as to almost every element of fact which should be taken into account in passing upon the plaintiff’s conduct as to using care. We here…