Saady v. Whitby

By Judge A. Christian Compton

The sole issue presented is whether or not as a matter of law the plaintiff was guilty of contributory negligence which was a proximate cause of this accident, and the Court has concluded that he was.

On November 28, 1967, the plaintiff, a pedestrian, was struck and severely injured by the defendant’s vehicle about 6:14 p.m. as he crossed Ellwood Avenue at its intersection with Auburn Street in a residential area of this city. Ellwood is a one-way street westbound 42 feet wide which is level and straight at this location. It was dark at the time, but the street was…