McDonough v. Foster

Where the complaint of a disfavored driver seeking to recover damages for injuries sustained in an intersection collision discloses that he failed to yield the right of way to the defendant, who was the favored driver, and the complaint alleges no additional facts which would excuse that failure (such as deception by the defendant) or permit recovery in spite of it (such as that the defendant had the last clear chance to avoid the collision), a demurrer on the ground of no facts sufficient to constitute a cause of action should be sustained, and, on failure to plead over, the complaint should…