Browning v. Kahle

On Mohon for Rehearing.

Movant contends that we have overlooked pertinent evidence which presented an issue of fact as to whether the plaintiff was negligent in failing to warn her host driver of the impending danger of the defendant’s approaching car at the time her host driver.began turning his car across the road, and thus, the court’s charge upon comparative negligence and contributory negligence was authorized.

The basis of this contention is the testimony of the plaintiff that she looked up the road- and did not see the defendant’s car, coupled with an expert’s opinion that…