Lafferty v. Lipson

Plaintiff testified that he did not see defendant’s approaching automobile until he, the plaintiff, “was almost through the intersection.” Defendant moved for a directed verdict on the ground of plaintiff’s contributory negligence as a matter of law. The judge of the common pleas court, in his opinion denying that motion, stated, in effect, that if defendant’s automobile had been shown to have been where plaintiff could have seen it approaching the intersection, then it would have been necessary, under the circumstances of this case, to hold plaintiff guilty of contributory negligence as a…