Hinds v. Kircher

COIL, Commissioner.

Kim Hinds sought to recover $50,000 for alleged personal injuries he received and $25,000 for the averred wrongful death of his wife as a result of the claimed negligence of defendant, Allen Kircher. A jury found for defendant and plaintiff appealed from the ensuing judgment. Appellant contends the trial court erred in giving defendant’s contributory negligence instructions 5 and 6.

The unfortunate accident, the subject of this litigation, occurred about 4:30 in the afternoon of November 26, 1960. The pavement was dry, the weather clear, and the visibility good. Mr. Hinds…