
    Olmsted, Appellant, vs. Town of Greenfield, Respondent.
    
      December 11, 1913
    
    January 13, 1914.
    
    
      Highways: Defects: Injury to automobile: Contributory negligence.
    
    A verdict finding plaintiff guilty of contributory negligence is supported by evidence tbat, while driving an automobile at the rate of twelve miles per hour, he left the main track of a country road, and that the under part of his car struck and was damaged by a stump ten inches high which was in the middle of the traveled sidetrack and, though partially concealed, was visible for a distance of fifty to seventy-five feet.
    Appeal from a judgment of tbe circuit court for Monroe county: E. C. Higbee, Circuit Judge.
    
      Affirmed.
    
    Eor tbe appellant there was a brief by Mindhm ■& Mina-han, and oral argument by E. B. Minahan.
    
    For tbe respondent tbe cause was submitted on tbe brief of Thorwald P. Abel.
    
   TimliN, J.

Where there is evidence tending to show tbat in tbe center of a traveled sidetrack of a country road there is an oak stump ten inches high partially concealed by green oak sprouts about two feet high and by weeds, but visible to one approaching from tbe west for a distance of fifty to seventy-five feet, and tbe plaintiff going east in an automobile'at tbe rate of twelve miles per hour left' tbe main traveled track and took tbis sidetrack, and tbe under part of his automobile struck. this stump aud was damaged, a verdict finding plaintiff guilty of-contributory negligence is not without evidence to support it.

By the Court. — Judgment affirmed.  