Derby v. Hayes

Plaintiff’s suit is for injuries to his person and damages to his motorcycle caused by collision at an intersection in the city of Wyandotte with a truck owned by defendant Hayes and driven by defendant Wierciak. The case was tried before a jury. At the close of plaintiff’s case, defendant moved for a directed verdict. The trial court granted defendant’s motion on the ground that plaintiff was guilty of contributory negligence as a matter of law.

Plaintiff testified in part as follows:

“I just completed work for the day and was riding east on Cedar. There are cinders in between Sixteenth and…