Arrigo v. Conway

Del Vecchio, J. P. (dissenting).

Upon the record before us, a factual issue was presented with respect to whether plaintiff was contributorily negligent. In our view, this issue should have been submitted to the jury and not have been decided as a matter of law.

Plaintiff testified that because of the manner in which the Conway car was being operated he had difficulty in passing it; that after he stopped for the red light he went back to Conway’s car, which was directly behind his, to see whether Conway was ill. He walked back between the cars and the 12-inch solid double yellow line and was…