De Joseph v. Gutekunst

The plaintiffs appeal from a judgment of dismissal entered upon a jury verdict of no cause of action.

The plaintiff wife had brought her car to a stop on a town highway, on May 1, 1956, for the purpose of picking up the family dog. The children in the car tried to coax the dog to come into the car. One of the children had just jumped out of the car to get the dog when the car was struck in the rear by the defendant’s car. The plaintiff’s car had been standing still for five o.r six minutes before it was struck.

The defendant claims that he did not see the plaintiff’s ear prior to the collision…