Nei v. Contracting & Material Co.

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The trial of this personal injury action resulted in a jury verdict and judgment in favor of the plaintiff for the sum of $5,000.

On appeal the defendant contends that the judgment should be reversed because the plaintiff was guilty of contributory negligence as a matter of law, because the evidence was insufficient to support either the verdict or the award of damages and because the trial court erred in refusing to give a tendered defense instruction.

The plaintiff was injured in an automobile accident on what is now known as the…