Richardson v. Kubota

PAUL, Chief Judge.

On submission of the defendant’s motion for summary judgment, I have considered the entire record consisting principally of the interrogatories, answers to interrogatories, the depositions of the parties and the “AGREED FACTS” set forth in the pre-trial conference order of February 11, 1964.

There is no substantial conflict in the facts, and, indeed, there seems no room for such conflict in that the plaintiff did not see the defendant’s car in the critical moments prior to the collision, and, in fact, did not consciously see the defendant or his car after the accident, since…