Did deceased in his confusion, with a split part of a second in which to determine his course of action, choose wisely, and if not, is appellee barred from recovery?" (See, also, Dickerson v. Mutual Grocery Co., 100 N.J.L. 118, 124 A. 785; Jones v. Hedges, 123 Cal.App. 742, 12 P.2d 111; Woods v. Wisdom, 133 Cal.App. 694, 24 P.2d 863; Bailey v. Wilson, 16 Cal.App.2d 645, 61 P.2d 68; Green v. Bohm, 65 Mont. 399, 211 P. 320; Westhoff v. Shannon, 143 Or. 407, 22 P.2d 895; Hanson v. Aldrich, 199 Iowa, 168, 201 N.W. 778.) That Koppang was not contributorily negligent is also supported by the legal presumption stated in Instruction No. 21.