Central States Electric Co. v. McVay

The trial court ruled that the driver of plaintiff’s car was guilty of contributory negligence as a matter of law because he violated the assured-clear-distance statute, section 5023.01, Code, 1939, providing that no person shall drive a vehicle “at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said highway will observe the law.” The appeal challenges the propriety of this ruling.

On November 17, 1941, at about 5:40 p. m., plaintiff’s employee, Stover, was driving its…