Piateck v. Swindell

I. The plaintiff was a passenger in a truck driven easterly and struck at an intersection of streets in Manchester by the defendant’s car driven northerly. There was evidence that the truck had the right of way through the intersection by its first arrival there and that the defendant was exceeding the statutory speed limit. His negligence is here conceded, but it is claimed that the plaintiff was conclusively shown also to be negligent. The plaintiff was sitting on the floor of the cab of the truck with his right leg hanging out of the cab and his right foot resting on the right hand running…