Hitz v. Stouffer

Dissenting Opinion by

Watkins, J.:

I respectfully dissent. The appellants contend that they are entitled to judgment n.o.v. or failing in that, a new trial, because Jean M. Stouffer was guilty of contributory negligence as a matter of law and because of an error in the charge of the court below.

It appears that Mrs. Stouffer entered the intersection after seeing Pearson approaching over 250 feet away and did not look again until just before the collision. Regarding this the court charged as follows: “Bear in mind what I said to you, members of the jury, about the duty to observe. Normally, when…