Higgins v. Carroll

To support the motion for a directed verdict the plaintiff’s own causal fault and the physical impossibility that the accident occurred in the manner her testimony described are claimed to be definitely proved.

By her version, she stopped her automobile at the side of the road and near the edge of an unrailed embankment. The roadway had a tarvia covering 18 feet wide with a space of a few feet between the tarvia and the bank. The ground in this space was of soft construction and while the car was stopped its weight broke the construction down. No negligence as a matter of law in the…