DeKoning v. Williams

(dissenting)—It should be remembered that, on the facts, the jury found for the defendant.

Error is assigned in the failure of the trial court to give appellant’s proposed instructions Nos. 4, 5, and 6. They were:

“4. I instruct you that if you find that the defendant’s automobile was approaching plaintiff’s automobile and that plaintiff, acting as a reasonable man, could have anticipated that a collision was imminent, and if you find that in order to avoid such collision, and acting in the presence of an imminent collision, that the plaintiff turned to the left in an effort to avoid such…