Grantham v. Watson Bros. Transportation

Our former opinion in this action is found ante, p. 362, 6 N. W. (2d) 372.

We granted an oral argument on the motion for rehearing limited to two questions. Was the deceased guilty of contributory negligence as a matter of law? What duty did those using the highway owe to the deceased?

Supplementing the statement of facts shown in our previous opinion the following evidence should be added.

As it relates to the deceased, the plaintiff’s evidence disclosed only that, after the Backes car came to a stop, the deceased was lying close by the left front end of the Backes car. Plaintiff’s evidence did…