What is the test for establishing contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Stockovich v. Acme Spray Painters, 129 Cal.App.2d 81, 276 P.2d 1 (Cal. App. 1954):
As was so aptly stated in Anthony v. Hobbie, 25 Cal.2d 814, 818, 155 P.2d 826, 829: 'The rule has been stated in various ways in a legion of cases, that contributory negligence is not established as a matter of law unless the only reasonable hypothesis is that such negligence exists; that reasonable or sensible men could have drawn that conclusion and none other; that where there are different inferences that may be drawn, one for and one against, the one against will be followed; and that before it can be held as a matter of law that contributory negligence exists, the evidence must point unerringly to that conclusion. [Citations of authorities.]'
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