Sullivan v. Johnston

The opinion of the court was delivered by

Burch, J.:

This appeal is from a judgment for damages entered in a case wherein a collision occurred between a truck and a passenger car, in the daytime, at a street intersection. The defendant did not introduce any evidence but elected to rely on an overruled demurrer to plaintiff’s evidence. On such evidence the cause was submitted to a jury, which returned a verdict for the plaintiff. The principal contention of the defendant is that the application of the physical fact rule necessitates the legal conclusion that the plaintiff was guilty of…