Shimkus v. Caesar

Neither party had a statutory right of way or one in the same sense that a locomotive engineer has it; each owed to the other the reciprocal duty to act reasonably. Tetreault v. Gould, 83 N. H. 99.

In passing upon the motions for a nonsuit and for a directed verdict, the Court was obliged to consider the evidence for the plaintiff as true and to construe all the evidence most favorably to the plaintiff. Carney v. Railway, 72 N. H. 364, 369.

The defendant argues that since it was physically possible for the plaintiff to see the defendant and his automobile as quickly as the defendant could see…