Pennington v. McLean

I regret that I cannot agree that the only conclusion to be drawn in this case is that plaintiff’s intestate was guilty of contributory negligence as a matter of law, or that the judgment should be reversed.

Under the circumstances evident here, the conduct of intestate, Pennington, is not comparable with that of the defendant in the Hering case. It is true that the defendant in that case approached a preferred highway from a gravel road and here intestate probably entered the highway from a blacktop paving, but there the similarity ceases. In that case the collision occurred in daylight, the…