Capece v. Bushinski

Reno, 3.,

This action of trespass was for the recovery of damages caused by the collision of automobiles of plaintiff and defendant. The case was submitted to the jury, which, after deliberation for an hour or more, returned that it found “the plaintiff guilty of contributory negligence.” This verdict we declined to accept, and required the jury to retire and find a verdict either for plaintiff or defendant. We also instructed the jury again that if the verdict was for plaintiff, the damages sustained by him must be assessed and returned as part of the verdict. The jury again retired, and its…