Dixon v. Wall

WEBB, Judge.

The plaintiff presents two assignments of error. We consider one of them. The plaintiff assigns error to the court’s instruction that she would be contributorily negligent if “she failed to apply her brakes and slow her vehicle to a stop after rounding a curve and observing a tractor.” We believe this assignment of error has merit. The essence of this instruction is that when the plaintiff saw the tractor, she had to stop, even if it was within its own lane. The plaintiff had the right to assume, and to act on that assumption, that the driver of a vehicle approaching from the…