Baker v. Case Plumbing Manufacturing Co.

CLAY, Commissioner.

In this motor vehicle collision case the trial court directed a verdict for the defendant at the conclusion of the opening statement made by the, attorney for the plaintiff appellant. The basis of the ruling was that appellant’s decedent was contribu-torily negligent as a matter of law.

*259The facts disclosed by the opening statement were that defendant’s tractor-trailer struck the automobile driven by the deceased after it had been driven out onto the highway from a parked position at a roadside fruit stand. The accident happened in the daytime, on a section of the highway…