Johnson v. Associated Sand & Gravel Co.

James, J.†

This is a wrongful death action. The decedent was a pedestrian who was struck by corporate respondent’s dump truck. After the presentation of the evidence of both parties at the jury trial, the court granted respondents’ motion to dismiss with prejudice upon the ground that the evidence established contributory negli-

gence on the part of decedent as a matter of law. At oral argument counsel for both parties agreed that the composite drawing, reproduced here, fairly represents the scene of the tragedy.

*740The accident occurred as respondent driver was backing a 10-yard dump truck in a…