Hess v. Mumma

Opinion by

Hirt, J.,

This appeal from the refusal of the court to enter judgment for the defendants n.o.v. raises the single question of plaintiff’s contributory negligence as ia matter of law.

Fruitville Pike and Keller Avenue intersect at right angles near the City of Lancaster. They are both public highways, each improved with a macadam pavement sixteen feet wide. Neither is a “through highway.” On March 19,1937 the minor plaintiff, then about 19 years of age, was driving his automobile southwardly on Fruitville Pike. It was daylight with good visibility. Plaintiff testified that he…