In Mostov v. Unkefer, 24 Ohio App. 420, 424, 157 N.E. 714, decided by this court, it appears that the driver of the car could see by his own lights an object 200 feet ahead, and saw the truck with which he collided when he was 75 or 100 feet from it, and could have stopped his car in from 30 to 50 feet, and yet he recovered a judgment in the court of common pleas, which was affirmed by this court, and the Supreme Court overruled a motion to certify the record. The rule is stated in Doran v. Bethards, 26 Ohio App. 426, 160 N.E. 110, that the question of contributory negligence of the driver of an automobile approaching an unlighted parked truck in the night season is ordinarily one for the jury, and this court is of opinion that the rule thus stated is applicable to the case at bar. Holding that the evidence was sufficient to carry the case to the jury, the judgment is reversed, and the cause remanded for a new trial.
The following authorities are in accord with those there cited: Moyer v. Vaughan's Seed Store, 242 Ill. App. 308; Seibert v. A. Goldstein Co., 99 N.J. Law, 200, 122 A. 821; Coca Cola Bottling Co. v. Shipp, 174 Ark. 130, 297 S.W. 856. We call attention, also, to the case of Doran v. Bethards, 26 Ohio App. 426, 160 N.E. 110. For the reasons given, the judgment of the court of common pleas is reversed, and the cause remanded for further proceedings according to law.