Desautelle v. Fletcher

Since there was evidence from which it could be found that there was an unobstructed view from a point three hundred feet south of the scene of the accident to a point more than six hundred feet to the north of it, that the defendant had not exceeded twenty-five miles per hour in approaching the scene of the accident, and that the decedent in dark clothing was traveling through rain and darkness “parallel to the highway” midway of the southbound lane of travel when struck, the plaintiff’s exception to the Trial Court’s refusal to withdraw the issue of contributory negligence from the jury is…