Simpson v. Glenn

SIMPSON, Justice.

This is an appeal from a judgment granting plaintiffs motion for a new trial in a wrongful death action in which the jury found for the defendant (appellant). The basis of the trial judge’s decision as shown by the judgment was the claimed error in giving defendant’s written Charge Z, to wit:

“The court charges the jury that if you are reasonably satisfied from the evidence that Mrs. Glenn was crossing 12th Street Southwest, at Princeton Alley, then in such event she was guilty of negligence as a matter of law.”

Plaintiff’s intestate was run down by the automobile of the…