Phillips v. Weeden

OPINION

By ROBERTS, J.

The evidence introduced by the plaintiff, as testified to by two witnesses, W. W. Wirt and W. Mentzer, was to the effect that preceding the collision and while passing under the traffic light, the car was traveling at a speed of, as stated by one witness, thirty miles per hour, and the other, from twenty-five to thirty miles per hour. The defendant says that he did not see the decedent until he suddenly appeared within six feet of the front end of his car; that he immediately applied the brakes but wa.s *231unable to stop. The preponderance of the evidence as to the speed of…