Kaiser Co. v. American Individual Laundry Co.

Opinion by

Rhodes, J.,

This is an action in trespass arising out of an automobile accident in which the only question involved is whether plaintiffs driver, Kaiser, was guilty of contributory negligence as a matter of law. The jury rendered a verdict in favor of plaintiff; defendant’s motion for judgment n. o. v. was dismissed; and defendant then appealed.

We agree with the court below that the evidence which plaintiff presented was for the jury; defendant offered no evidence, but presented a point for binding instructions which was refused. On September 2, 1937, in the daytime, Kaiser was…