Smith v. Moore

SCHWAB, J. (Pro Tempore).

This is an action for damages for personal injuries arising out of an automobile accident which occurred on a public highway in Douglas county. After both parties had rested, the court ruled that the plaintiff was guilty of contributory negligence as a matter of law and directed the jury to return a verdict in favor of the defendant. Plaintiff appeals from the judgment entered on the verdict on the ground that under the evidence the issue of contributory negligence was a question of fact for the jury.

Plaintiff was a newspaper carrier. At 2:30 a.m. on December 8th,…