Burton v. Oldfield

Carl Heglmeier, a sailor in the United States Navy, was struck and killed by an automobile owned and driven by Lloyd H. Burton, defendant below. His administrator brought this action against Burton-alleging that the accident was due to his negligence, and obtained a verdict and judgment against him, which Burton seeks now to have reversed and a final judgment entered in his favor or a new trial granted.

Defendant contends, first, that the evidence fails to establish that he was guilty of negligence; but if it does, that it also establishes that the decedent was guilty of contributory…