Wohlleben v. Home Mutual Casualty Co.

There can be no serious contention that the evidence did not warrant a finding that plaintiff was free from contributory negligence.

The facts which require holding the driver of the truck responsible because of his failure to exercise ordinary care may be summarized as follows: Plaintiff, her father, who was driving the truck, and the mother were on the seat of the truck. The father was at the wheel, plaintiff next, and the mother on the right. As they left their home, some 350 feet west of the railroad track, which ran north and south, they passed through a gate which was about 50 feet west…