Smith Ex Rel. Smith v. Salts

The opinion of the court was delivered by

Wedell, J.:

This is an appeal by the defendant in a damage action.

The sole contention of the defendant is the trial court should have sustained his demurrer to plaintiff’s evidence on the ground the evidence disclosed plaintiff was guilty of contributory negligence as a matter of law.

It is elementary that on demurrer only evidence favorable to the party adducing it and favorable inferences to be drawn therefrom are to be considered. The injury was the result of a collision of automobiles. It occurred at night, on a country road about forty feet wide, at…