Mitchell v. Bruening

The defendant assigns error of the court in denying her motions for a nonsuit and directed verdict predicated upon the ground that plaintiff’s evidence showed contributory negligence on the part of plaintiff’s decedeilt which contributed to and was the proximate cause of the accident.

The only living witnesses to the accident are the plaintiff and the defendant.

The record discloses that the road over which the defendant was driving her car at the time of the acci dent was rough, in that more or’ less gravel had been used in its construction, and that the. shoulders weré loose gravel; that, on…