Swift v. Kenbeek

The accident giving- rise to this suit was a collision between defendant’s automobile and a bicycle on which Don S. Swift was riding. The collision resulted in Swift’s death. The administrator of his estate brought this suit. On trial by jury there was verdict and judgment for plaintiff. Defendant has appealed and asserts that he was entitled to a directed verdict on the ground that plaintiff’s decedent was guilty of contributory negligence as a matter of law.

About 10:30, tbe night of February 18, 1937, Don Swift, then about 19 years of age, was riding his bicycle westerly down a hill, near…