Obenberger v. Interstate Oil Co.

The plaintiff sued to recover for injuries sustained in an automobile collision at a highway intersection alleged to have been proximately caused by negligence of the defendant. The plaintiff was driving his own automobile. An employee of the defendant was driving its truck on the intersecting road. The collision occurred prior to the enactment of the comparative negligence statute by the 1931 legislature, so that contributory negligence is an absolute defense. The plaintiff opened his case by testifying in his own behalf. At the close of his testimony the court of its own motion entered a…