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Bauer, Admrx., v. Sacks, Appellant.

Negligence — Automobiles — Contributory neligence — Intersections — Pedestrians — Sudden emergency — Restatements, Torts.

1. The fact that the plaintiff is acting in an emergency not created by his own antecedent negligence is a factor to be taken into account in determining whether his conduct is free from contributory negligence. [491-2]

2. Restatement, Torts, section 470, cited. [492]

3. Contributory negligence can only be declared judicially where it is so clear that there is no room for fair and reasonable persons to disagree. [492]

Practice — Judgment n. o. v. — Evidence — Inferences.

4. On a motion for Judgment n. o. v., the court is required to accept as true all facts and all inferences reasonably deducible therefrom which support the verdict. [489]

Argued December 4, 1946.

PER CURIAM, January 9, 1947:

Judgments affirmed on the opinion of Judge ALESSANDRONI; costs to be paid by appellant.

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BAUER, ADMRX. v. SACKS
(Jan 9, 1947)