Pearrow v. Thompson

This is an action for $10,000 damages for personal injuries. The jury found for defendant. Thereafter, the court sustained plaintiff's motion for a new trial on the ground that certain instructions, given at the request of defendant, "were erroneous, misleading and prejudicial to the plaintiff." Defendant has appealed from this order.

[1] Defendant contends that any error in instructions is immaterial because plaintiff was guilty of contributory negligence as a matter of law and, therefore, defendant was entitled to a directed verdict. We state the facts shown by the evidence, considered most…