Lutzen v. Henry Jenkins Transportation Co.

The principal ground of the motion is based upon that portion of the charge in which the jury were told that if Marie Lutsjen walked into the side of the defendant’s truck she was guilty of contributory negligence as a matter of law.

The plaintiff relies upon the rule'that “where a pedestrian crossing or about to cross a street looks in both directions to see if automobiles are approaching and sees none or sees one approaching at a distance, the question is whether a reasonably prudent man in such a situation would reasonably believe that he could cross in safety; this is ordinarily a question…