McComas v. Strasburger Dry Goods Co.

*468The opinion of the court was delivered by

West, J.:

The plaintiff sued for damages for an injury alleged to have been caused by the defendant in running upon him with an auto delivery wagon. A demurrer to the plaintiff’s evidence was sustained and this is assigned as the principal error, the question for consideration being whether or not there was sufficient evidence to go to the jury, the defendant claiming that while there was no evidence of negligence there was testimony clearly showing contributory negligence.

The plaintiff was riding a bicycle easterwardly and was turning south across the…