Murphy v. Clayton

Hart, C. J.,

(after stating the facts). The first assignment of error is that the evidence is not legally sufficient to sustain the verdict. Under this assignment of error it becomes necessary to consider the question of the defendant’s negligence and of the plaintiff’s contributory negligence. Drivers of automobiles and pedestrians both have a right to the street, but the former must anticipate the presence of the latter, and exercise reasonable care to avoid injuring them. 'Care must be exercised commensurate with the danger reasonably to be anticipated. What is ordinary care is á relative…