Duncan v. Ayers

MORRIS, Chief Judge.

Defendant contends that his motion for directed verdict should have been granted and that the court should have instructed the jury with respect to the contributory negligence as a matter of law of plaintiff Pendley in passing a vehicle on the right under the circumstances of this case. With the first argument we cannot agree. With respect to the second contention, we are in agreement and order a new trial.

Defendant argues that plaintiff’s failure to keep a proper lookout constituted contributory negligence as a matter of law and, therefore, the jury had no function to…