Gibb v. Cleave

In a trial before a jury the plaintiff had a verdict for injuries caused when struck by defendants' motor vehicle, and the defendants have raised three points in their appeal from the judgment—that plaintiff was guilty of contributory negligence, that he failed to prove any negligence on defendants’ part, and that the damages were excessive. We limit our discussion to the first point.

The plaintiff attempted to cross the intersection of Broadway and Forty-first Streets in the city of Oakland at about 8:15 P. M. of December 13, 1934. The street was wet from recent rains, the night was dark and…