Revell v. Bennett

The opinion of the court was delivered by

Wedell, J.:

The plaintiff prevailed in an action to recover damages for personal injuries resulting from a collision of motor vehicles *346in an intersection of highways. The defendant appeals from orders overruling his (1) demurrer to plaintiff’s evidence; (2) motion for a directed verdict; and (3) his motion for a new trial.

It is conceded the principal question presented is whether appellee was guilty of contributory negligence. Appellant concedes the burden of establishing such negligence ordinarily rests on the defendant but he relies upon the equally…