Smith v. Durant

*645TONGUE, J.

This is an action for damages for personal injuries sustained in an automobile accident involving a collision between plaintiff’s car and defendant’s car on a two-lane road. The case was tried before a jury, which returned a verdict in favor of defendant. Plaintiff appeals.

At the beginning of the trial defendant’s attorney conceded that defendant was negligent, but contended that plaintiff’s recovery was barred by his contributory negligence.① Plaintiff testified that defendant’s car was “straddling” the center line when it hit his car. Defendant testified, on the contrary, that he…