Francis v. Bieber

The defendant interposes three defenses: (1) Contributory negligence, (2) sudden emergency, and (3) las1 clear chance. The testimony and evidence are sharply conflicting. There is evidence, if believed by the jury, sufficient to support a finding that the plaintiff was negligent, and that his negligence contributed proximately to his injury. There is testimony that the two cars at the bottom of the hill were without lights, and, to the contrary, there was evidence that parking lights as well as the headlights were lighted. It is conceded that *68the two cars at the bottom of the hill were south…