Nicholas Henry Lutz v. Samuel Scott McNair
This text of 340 F.2d 709 (Nicholas Henry Lutz v. Samuel Scott McNair) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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340 F.2d 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-henry-lutz-v-samuel-scott-mcnair-ca4-1965.