Cherney v. Simonis

The appellants contend that the court erred: (1) In not holding as matter of law that Simonis was not negligent; (2) in submitting a question of the verdict in an improper form; and (3) in not holding as matter of law that the plaintiff was guilty of contributory negligence.(1) The bases of this contention are that as sec. 85.16 (6), Stats., prohibits the passing at a road intersection of an automobile traveling in the same direction as the automobile passing ; that Simonis in turning left might therefore rightly presume that the driver of a following automobile would not attempt to pass him…