Barlow v. City Bus Lines, Inc.

The question for decision is whether the evidence survives the demurrer. The trial court answered in the negative. We are inclined to a different view.

The case was made to turn in the court below on the contributory negligence of the plaintiff. Opposing inferences seem permissible from the evidence, especially in view of the ambiguity in the testimony of the Highway Patrolman who investigated the occurrence, and in this state of the record the decisions require that the case be submitted to the jury.

The two vehicles were proceeding in the same direction in the nighttime, through fog and rain,…