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.