TRIDIGO v. TIMBERLAKE

No. 8482.

298 F.2d 805 (1962)

Hazel TRIDIGO, Appellant, v. William TIMBERLAKE, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1962.


Attorney(s) appearing for the Case

John B. Garden, Wheeling, W. Va. (Lester C. Hess, and Handlan, Garden, Matthews & Hess, Wheeling, W. Va., on brief), for appellant.

Russell B. Goodwin, Wheeling, W. Va. (Charles P. Mead, Thomas A. Goodwin, and Goodwin, Mead & Goodwin, Wheeling, W. Va., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and PREYER, District Judge.


PREYER, District Judge.

This is an appeal by plaintiff in a pedestrian-automobile collision case from a directed verdict in favor of defendant at the conclusion of plaintiff's evidence. The question for decision is the correctness of the trial judge's holding that the plaintiff was guilty of contributory negligence as a matter of law.

These facts are essential to an understanding of the case. On the afternoon of December 24, 1957, in the City of Wheeling,...

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