BAUER, ADMRX. v. SACKS

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.