Conwill v. Fairmount Creamery Co.

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment sustaining a demurrer to the evidence adduced by plaintiff to sustain his cause of action against defendant for injuries sustained when plaintiff’s automobile collided with the rear end of defendant’s truck which was stalled on a public highway after dark and without lights.

The principal defense was contributory negligence which, according to the opinion of the trial court, was so conclusively established that it took the case from the jury; and this is the error complained of in this appeal.

The evidence was…