Moore v. Boone

The question for decision is whether the evidence taken in its. most favorable light for the plaintiff survives the demurrer. The trial court answered in the negative, and we approve.

It may be doubted whether sufficient evidence of negligence on the part of the defendant was offered on the hearing. However this may be, it clearly appears from the questions propounded by the court that plaintiff was inattentive to his own safety. He was either following defendant’s truck more closely than was reasonable and prudent or he was driving at an excessive rate of speed under the conditions then…