Negligence — Automobiles — Assured clear distance ahead — Smoke and steam — Visibility.
In a trespass case, in which it appeared that plaintiff while operating a tractor-trailer on a highway was enveloped in a bank of smoke and steam from a nearby railroad yard; that, although he was unable to see anything ahead of him, he continued ahead at slow speed, and collided with defendant's tractor-trailer, which was in plaintiff's lane of traffic; and that before entering the bank of smoke and steam plaintiff had looked and had observed nothing ahead of him on the road to a point beyond where the accident ultimately happened; it was Held as a matter of law that plaintiff was contributorily negligent.
Argued May 28, 1947.
PER CURIAM, June 30, 1947:
In this action of trespass for damages for personal injuries, plaintiff appealed from the action of the learned court below in entering judgment n. o. v. for defendant. In an able and comprehensive opinion by President Judge REESE, in which all pertinent facts and authorities are reviewed, the contributory negligence of plaintiff is clearly established. Our examination of the record has convinced us there is no escape from that conclusion.
Judgment of the learned court below is affirmed on the opinion of Judge REESE.