Dufour v. Martin

Hall, Judge.

The plaintiff appeals from a judgment entered upon a verdict of the jury in favor of the defendants.

1. The plaintiff argues that, since the defendants’ answer alleged in defense that the plaintiff was barred from recovery because he rode his bicycle into the defendants’ automobile while wearing a mask which impaired his vision, in disregard for his own safety, and the defendants did not affirmatively allege that the defendant driver slowed down and kept a vigilant lookout as she approached the place where the collision occurred, the defense was subject to general demurrer. The…