Sansbury v. Gerrish

MARDEN, Justice.

On appeal from the refusal of the trial Court to grant defendant’s motion for judgment n. o. v. on the ground that plaintiff was contributorily negligent as a matter of law.

The evidence would require the finding of the following facts: Plaintiff was injured in the area of the intersection of Gracelawn Road and Turner Road within the limits of the City of Auburn. At this point, and for our purposes, Turner Road runs north and south, Gracelawn Road enters Turner Road from the west, but does not cross it. The immediate area of the collision is at the top of a rise in Turner Road,…