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UTLEY v. HENLEY

No. 1543.

108 A.2d 93 (1954)

Irvin UTLEY and Clarence E. Ellis, Appellants, v. Leonard L. HENLEY and Leonard L. Henley to the Use of the FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 8, 1954.

Attorney(s) appearing for the Case

Halcott A. Bradley, Washington, D. C., for appellants.

Bond L. Holford, Washington, D. C., with whom Donald J. Caulfield, Washington, D. C., was on the brief, for appellee.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

This case arose out of a collision between two automobiles in an intersection controlled by traffic lights. Judgment went against appellants and their appeal is based largely on the claim that appellee was guilty of contributory negligence as a matter of law. We cannot agree with this claim because it assumes the truth of appellants' testimony that they entered the intersection on a green light, were stopped in their progress by a third automobile...

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