Wimmer v. Colman

I do not agree that plaintiff must be held to have been guilty of contributory negligence as a matter of law. This was an issue of fact which was properly left to the jury.

The accident occurred at an intersection of two streets of equal priority as to traffic rights. The driver of plaintiff’s automobile, proceeding west at 20 miles per hour, when 5 or 10 feet from the intersection observed defendant’s automobile approaching from the north 125 to 150 feet distant. These two streets were dirt roads, each having one lane for traffic. Both drivers were proceeding down the center of their…