What is the test for contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Balthrop v. Atchison, T. & S. F. Ry. Co., 167 Cal.App.2d 437, 334 P.2d 1041 (Cal. App. 1959):
Appellants' first contention is that respondent was guilty of contributory negligence as a matter of law. We do [167 Cal.App.2d 441] not agree with this contention. As was stated in Anthony v. Hobbie, 25 Cal.2d 814, at page 848, 155 P.2d 826, at page 829:
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