Barker v. Whitter

This is the defendant’s appeal from a verdict and judgment in favor of the plaintiff for injuries in favor of the plaintiff for injuries sustained by being struck by a taxicab owned and driven by the defendant. The important questions raised by the appeal are two: First, does the record disclose evidence of primary negligence on the part of the defendant; and, second, if so-, does it present such a decisive negligent act on the part of the plaintiff, contributing to the happening of the accident, as would bar recovery on the ground of contributory negligence?

The accident happened at noon,…