Daun v. Truax

Jane Daun, a minor, and John Daun, her father, the plaintiffs, appeal from a judgment in favor of the defendants rendered in an action for personal injuries by the minor (hereafter referred to as plaintiff) when she was hit by an automobile driven by Roy Truax (hereafter referred to as defendant). The main contention of plaintiff is that certain instructions given by the trial court on the issue of her contributory negligence were conflicting, contradictory, inconsistent and prejudicial. This contention is supported by the recent case of Cummings v. County of Los Angeles, ante, p. 258 [14…