Earle v. Wyrick

HIGGINS, Justice.

By agreement of the parties, the jury’s finding of negligence on the part of the defendant and the contributory negligence of the plaintiff’s intestate are deemed to be established and no question is raised by either party on this appeal with respect to either issue. Nothing else appearing, these findings would be conclusive against the plaintiff’s right to recover in the absence of a further issue and finding that the negligent defendant by exercising reasonable care and prudence might, have avoided the accident and its injurious consequences to the plaintiff’s intestate by…