¶1 (dissenting). It seems to me that the plaintiff in this action was so reckless of his own safety in trying to cross *510 the street in front of defendant’s car that ¡he should- be held to' be guilty of contributory negligence as a matter of law .and a verdict should' have been directed for the defendant.
¶2 Plaintiff saw the defendant’s car approaching ¡him from a considerable distance. He had plenty of time to have crossed the street before the car reached 'him, but, instead of crossing while he yet had> plenty of time, he waited until the car was within about a car’s length from where he was standing in the middle of the street. It was just a foolish attempt on the part of plaintiff to cross -the street in front of defendant’s car after the car -was so close to him that it could not possibly be stopped in time to> avoid-a collision.
¶3 The judgment and order appealed from ought to be reversed, with directions to the trial court to- dismiss the action.