McDonnel v. Lakings

Plaintiff sued for injuries received when he stopped his 1955 Plymouth at a stop light on West 12th Street in Sioux Falls and the rear of his auto was hit by a truck driven by defendant. The jury returned a verdict for plaintiff for $4,500 on which the trial court entered judgment. Plaintiff made a motion for a new trial which was denied and appeals from this order and the judgment.

Plaintiff c'ontends that the trial court erred in submitting an instruction to the jury as to plaintiff’s contributory negligence. Defendant testified that on the day of the collision the weather was nice, the…