U.S. Court of Appeals for the Fourth Circuit, 1965

Nicholas Henry Lutz v. Samuel Scott McNair

Nicholas Henry Lutz v. Samuel Scott McNair
U.S. Court of Appeals for the Fourth Circuit · Decided January 12, 1965 · Haynsworth, Bryan, Bell
340 F.2d 709 (Federal Reporter, Second Series)

Nicholas Henry Lutz v. Samuel Scott McNair

Opinion

PER CURIAM.

The plaintiff appeals from a judgment for the defendant. The judgment is based upon a jury finding that the plaintiff was guilty of contributory negligence in the operation of his automobile which was involved in a collision with the defendant’s car. While the question is not without some doubt, we think this record contains evidence upon which reasonable men could disagree concerning negligence on the plaintiff’s part. As such, that question was properly one for the jury to decide. McClure v. Price, 300 F.2d 538, 543-544 (4 Cir. 1962); Crosby v. Meredith, 300 F.2d 323, 324 (4 Cir. 1962).

Affirmed.

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