Toyer v. Hilleman

Per Curiam,

Appellant was nonsuited in the court below because his case presented the clearest kind of contributory negligence. We need not review the facts. We have examined the record and agree with this conclusion of the court below.

A driver approaching a street intersection who observes another car approaching on his right, does not discharge Ms duty by attempting to cross in the path of the oncoming car without again taking precautions against its obvious speed of approach. Having knowledge of this and of the other attending circumstances, he must govern himself accordingly: cf. Fearn v.…