Nicholas v. Fennell

This is an appeal by the plaintiff from a judgment of the circuit court, based upon a verdict, in favor of the defendant. The action which terminated in the entry of the challenged judgment arose out of an automobile collision which occurred at 2:30 a. m., February 23, 1947, on the Santiam highway a few miles east of Albany. The complaint averred negligence upon the defendant’s part. The answer charged the plaintiff with contributory negligence.

The general direction of the Santiam highway near the scene of the collision is north and south. A yellow stripe marks the center of the pavement.…