Ireland v. Mitchell

Plaintiff appeals from a judgment for the defendant in an action for damages arising out of an automobile collision.

There are two assignments of error. The first is based upon the failure of the trial court to give the statutory instruction that a witness found false in one part of his testimony is to be distrusted. OES 17.250 (3). The second is based upon an alleged failure to instruct properly upon contributory negligence.

A brief review of the evidence will suffice in considering both assignments of error. The collision occurred about 7:00 a. m. on July 9, 1957. The plaintiff was driving…