Thieme v. Weyker

The appellants claim that as matter of law the plaintiff was guilty of negligence for failure to keep a proper lookout, and that his such negligence contributed to cause the collision. They concede that the defendant was guilty of negligence for want of lookout but urge that the plaintiff was under as strict obligation to keep a lookout as was he. It is obvious that had the plaintiff looked on entering the intersection he would have seen the defendant, and that at the rate of speed he was traveling he could easily have avoided the collision. The plaintiff bases his claim of right to proceed…