Grosz v. Groth

HANSON and BIEGELMEIER, Judges

('Concurring in result).

We are unable to concur in the following -conclusion in the majority opinion of the court: “In driving through this intersection at a speed of at least 50 miles an hour while assuming blindly that cross traffic would stop and yield him the right of way, we hold as -a matter of law that plaintiff was -guilty of negligence more than -slight.” It is- our opinion that under all the facts the question whether plaintiff’s negligence was mere that slight was for the ju-ry under our comparative negligence statute, SDC Supp. 47.0304-1. We -concur, however, -in the result.