VAKALIS v. SMART

No. 4198.

98 N.H. 156 (1953)

JAMES G. VAKALIS v. CHARLES SMART.

Supreme Court of New Hampshire.

April 7, 1953.


Attorney(s) appearing for the Case

John M. Brant for James G. Vakalis, filed no brief.

Charles F. Hartnett (by brief and orally), for Charles Smart.


DUNCAN J.

The defendant argues that a finding of contributory negligence on the part of the plaintiff was compelled as a matter of law because of his admitted speed, and his failure to anticipate the defendant's conduct (Fine v. Parella, 92 N.H. 81; Tufts v. White, 92 N.H. 158), and to avoid the accident by using "the almost thirty feet of pavement," presumably to the left of the Smart car before it commenced its turn.

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