California, United States of America
The following excerpt is from Teilhet v. Santa Clara County, 149 Cal.App.2d 305, 308 P.2d 356 (Cal. App. 1957):
In Bixby v. Pickwick Stage Co., 131 Cal.App. 739, at page 741, 21 P.2d 972, one of the cases cited with approval in the Peri case, [149 Cal.App.2d 311] the court said: 'It is almost uniformly the rule that whether the conduct of a person in driving into smoke, fog, dust, or mist offends the doctrine of ordinary care is ordinarily a question to be determined by the court or jury.' The question of respondent's contributory negligence was properly left to the jury. Appellant was not entitled to its proposed instruction that if plaintiff had knowledge of the condition of the road the jury should return a verdict for the county.
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