Fowler v. Smith

Dissenting Opinion by

Jacobs, J.:

I respectfully dissent because I feel that the court below correctly analyzed the facts and properly applied our case law in granting judgment n.o.v.

To the facts as stated by the majority I would add the following: The collision occurred at about 1:45 p.m. *250on a clear and sunny day. The roadway was dry. Appellant testified that appellee was moving at approximately 20 miles per hour after the impact.

A jury returned a verdict for the appellant. Appellee moved for judgment n.o.v. on the ground that appellant was guilty of contributory negligence as a matter of law.…