HURD v. DIETZ

Negligence — Automobiles — Crossing — Failure to see car proceeding on wrong side of street.

In an action of trespass for injuries sustained by plaintiff when the car in which he was riding as a passenger engaged with the driver in a common enterprise, was struck at a street intersection by defendant's car, whether plaintiff's driver was contributorily negligent in failing to see defendant's car, proceeding on the wrong side of the center line of the intersecting street, until it was within four feet of him and the accident could not be avoided, was held to be a question of fact for the jury.

Argued January 21, 1935.

PER CURIAM, February 4, 1935:

The judgment is affirmed on the opinion of Judge LAMBERTON.