Spreng v. Flaherty

Tinder this state of the evidence we are asked to say as a matter of law that the plaintiff was guilty of such contributory negligence as would bar a recovery. The distance at which the plaintiff and his friends saw the rollers is variously estimated, and was at best only a.matter of estimate. The ability to stop a 'car quickly depends upon a variety of circumstances, some of which are the nature of thé roadway and its condition as to being slippery or otherwise, and the record contains evidence that this roadway was wet and more or less slippery.

Certainly a court can not take judicial notice…