Boger v. Kellner

The one error argued is based upon the contention plaintiff was guilty of contributory negligence as a matter of law in parking and leaving his automobile upon the highway and therefore defendant’s motions for directed verdict and for judgment notwithstanding the verdict should have been sustained. In considering the sufficiency of the proof of freedom from contributory negligence the record will be viewed in the light most favorable to plaintiff.

The accident happened in the evening. Plaintiff was driving his automobile alone, traveling west on a paved highway. The over-all width of the paved…