Day v. Pauly

It is the contention of the defendant (1) that the trial court was in error in directing a new trial upon the sole ground that the court’s instructions as to the right of way were not sufficiently specific, such action being based upon an erroneous view of the law; and (2) that plaintiff was guilty of contributory negligence as a matter of law, which proximately contributed to produce the injuries complained of. With respect to the first contention of the defendant the court instructed the jury as follows:

“Every driver of an automobile at a highway crossing has the right of way over any other…