Henigson v. Bank of America National Trust & Savings Association

This is an action to recover damages for injuries sustained by plaintiff when he drove his automobile into an open storm drain during a dense fog. Judgment was for defendants. The trial court found that there was no dangerous or defective condition of the highway where plaintiff was injured; and that any injury sustained by plaintiff was caused by his own fault in that he so negligently managed his automobile that as a direct and proximate result thereof he drove it into a storm drain. The court stated, in the conclusions of law, that the injury described in plaintiffs complaint was caused by his own contributory negligence. Plaintiff appeals from the judgment.