Sanford v. Mosier

Sanford, a pedestrian, was struck by a truck operated by Mosier and sued him for resultant injuries. At the conclusion of plaintiff’s evidence the defendant moved to strike on the grounds (1) that there was no evidence of negligence on the part of the defendant, and (2) that the plaintiff was guilty of contributory negligence as a matter of law. The court sustained the motion on the second ground and, over the objection of the plaintiff, took the case from the jury and entered summary judgment for the defendant. To review this ruling we granted Sanford a writ of error.

The sole question…