Laseter v. Clark

One who recklessly tests an observed and clearly obvious danger, such as attempting to beat a near and rapidly approaching railroad train or street-car over a crossing, or to pass an intersecting highway in front of a near and speeding automobile having the right of way, notwithstanding his own honest but mistaken judgment that he has ample time to get across, may, under the particular facts, be held to have failed to exercise “that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances” (Code. § 105-201), and to be guilty of contributory…