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MOORE v. ESSO STANDARD OIL CO
- In an action for wrongful death, in which it appeared that plaintiff's decedent was struck and killed by an automobile driven by the individual defendant, it was Held that the evidence, including testimony as to the length of the skid marks, the relative position of decedent's body and the automobile, the screech of the brakes when applied, and the injuries sustained by decedent, was insufficient to establish that defendant was negligent; and that the evidence did establish as a matter of law that decedent was contributorily negligent.
- The judgment of the court below is affirmed on the opinion of Judge SWENEY.
Negligence — Automobiles — Evidence — Skid marks — Pedestrian — Position of victim's body and automobile — Noise of brakes — Nature of injury — Speed.
In an action for wrongful death, in which it appeared that plaintiff's decedent was struck and killed by an automobile driven by the individual defendant, it was Held that the evidence, including testimony as to the length of the skid marks, the relative position of decedent's body and the automobile, the screech of the brakes when applied, and the injuries sustained by decedent, was insufficient to establish that defendant was negligent; and that the evidence did establish as a matter of law that decedent was contributorily negligent.
OPINION PER CURIAM, March 20, 1950:
The judgment of the court below is affirmed on the opinion of Judge SWENEY.
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