Wagoner v. Butcher

The question posed by this appeal is whether a judgment of nonsuit was proper on the facts shown. Our answer is no.

The defendants properly concede that certain allegations of defendant Mrs. Butcher’s negligence are supported by evidence sufficient to go to the jury on the issue of defendants’ negligence and submit that the issue before us is narrowed to whether the plaintiff’s own acts clearly establish contributory negligence as a matter of law. The facts of this case also raise the question, “Does a pedestrian crossing a roadway with a favorable light have a right-of-way over a turning…