Loveland v. Plant

Defendants present the case herein on the principle that they were entitled to have their theory of the case presented to the jury, which they claim was not done. The requested instruction does not correctly state the law applicable either to the pleadings or the testimony of the defendants. Defendants pleaded contributory negligence. First:

“In that the automobile of which plaintiff was an occupant was being operated at the time complained of at a high and dangerous rate of speed, to wit: in excess of 15 miles per hour.”

Second:

“That the plaintiff herein and operator of said car failed to…