Spagnola v. New Method Laundry Corporation

This appeal involves but a single question, viz: Was the plaintiff guilty of contributory negligence as matter of law? A careful reading of all the evidence given on this feature of the case, satisfies us that the jury could reasonably have found that the plaintiff had stopped near the trolley rail to allow an approaching trolley car to pass; instead of passing, the car came to a full stop, and the motorman motioned to the plaintiff to pass in front of the standing car. It is a reasonable inference that at this time the defendant’s automobile was not within the vision of the plaintiff, being…