Jarrett v. Madifari

Despite his claim of amnesia, the plaintiff at the trial was able to summon up one recollection *410directly involved with the happening of this accident. He remembered that just before starting across the highway he looked and saw two cars coming from 500 yards away.* This fortuitous recollection has now become crucial because the majority has held that by recalling this the plaintiff has met his burden of proving his freedom from contributory negligence. We respectfully disagree.

A plaintiff traversing a highway at a place where there is no assigned crossing is not by that fact precluded from…