Roberts v. Leahy

Plaintiffs appeal from a judgment n.o.v. in an automobile accident case.

Fourth avenue and Howard are paved streets intersecting at right angles in Spokane. Fourth avenue runs east and west on the level. Howard street ascends southward at a moderate grade from Third avenue, three hundred twenty-feet north, to Fourth avenue, intersecting it on the level, then ascends again to Fifth avenue. The accident occurred at this intersection at 8:30 p. m., November 9, 1946.

The appellant approached the intersection driving west" on Fourth avenue. Respondent’s taxi, proceeding south on Howard street, had…