Nylund v. Johnston

(dissenting) — As I view the evidence, the course plaintiff took in crossing the street and what he did while crossing has no bearing whatever on his right to recover. When struck, he had reached his car and had tried the door with the purpose of getting in on the left side. Just prior to and at the moment of impact he was in no different position from that he would have been in had he proceeded west to the intersection, crossed the street, and proceeded east on the sidewalk to his car and then gone around it to enter by the door on the left side. Obviously, any antecedent negligence on his…