Creager v. AL'S CONSTRUCTION COMPANY

BAKEWELL, Circuit Judge.

This action arising from a collision between plaintiff’s automobile and defendant’s truck resulted in a verdict and judgment for the plaintiff. The case was submitted to the jury under SDC Supp. 47.-0304-1 our comparative negligence statute. The question presented by t'he appeal is whether the plaintiff was guilty of more than slight contributory negligence as a matter of law.

The facts in this case viewed in the light most favorable to the plaintiff disclose that in the afternoon of February 1, 1952, the defendant, Al’s Construction Company, dispatched a wheeled…