Jackson v. Forwood

Delaplaine, J.,

filed the following dissenting opinion:

In this case there are two questions: (1) Whether there was negligence of the taxicab driver, and (2) whether there was contributory negligence of the pedestrian.

First, I think there was sufficient evidence of primary negligence to justify submission of the case to the jury. The taxicab driver swore that, when he came around the curve about 1,500 feet away and saw the bus, he was driving at the rate of thirty-five miles per hour, and then gradually reduced his speed; but plaintiff swore that the car bore down upon her with such speed that…