Smith v. Spirek

The controlling question in the determination of the instant appeal involves the doctrine of contributory negligence. The decisive fact questions relate to the credibility two sharply defined and diametrically opPosed- versions of the circumstances and oecurrenees °£ the accident giving rise to the claimed damages. This opinion will not concern itself *1329primarily with the allegations of negligence of the defendant and the proof offered in support thereof. It will be necessary, however, to briefly outline the facts before entering upon a discussion of the controlling issue.

On the morning of the…