Kielich v. Whittaker

The questions presented are: Does the evidence disclose as a matter of'law that there was no want ■of ordinary care on the part of defendant's driver in operating its auto truck at the time of the collision; and Was there any want of ordinary care on the part of Clara Kielich contributing to the accident, as a matter of law?

Clara Kielich testified that she was a married woman, and that about 5 o’clock on the day of the accident she came to Fifth avenue, walking west on-Mitchell street, and at the time there was a street car going west on Mitchell street and about to cross Fifth avenue. She…