Elliott v. Lewis

Howard Ray Lewis, twenty-two years old, was killed when the automobile which he had been driving eastwardly was struck by an automobile driven westwardly by Anthony Calvin Elliott. Lewis’ administratrix brought this action against Elliott and Billy Wade Adams on the ground that their concurring negligence was the proximate cause of Lewis’ death. A jury returned a verdict for the plaintiff for $12,000, the court entered judgment thereon, and the defendants have appealed. Their main contention is that Lewis was guilty of contributory negligence as a matter of law.

The accident occurred about…