Madden v. Peart

The following opinion was filed February 4, 1930:

Fowler, J.

The court’s ground for directing the verdict was that there was no evidence of excessive speed or want of lookout on the part of the driver of the car; that an emergency not of defendant’s creation existed which excused her from handling the car as she did; and that the defendant did not increase the danger to her guest or subject her to any new dangers.

The highest estimate of defendant’s speed was thirty-five miles an hour, but the situation and the course and action of the car before and after turning over would, we think, warrant a…