Farrow v. Ostrom

Plaintiff brought this action to recover damages for injuries sustained when she was struck by an automobile driven by defendant Cameron W. Ostrom. From a judgment entered on the verdict of a jury in favor of plaintiff, defendants appeal.

The sole question to be determined is whether respondent was guilty of contributory negligence as a matter of law. In approaching thé question, there are several fundamental rules to be observed. Contributory negligence is an affirmative defense, the burden of proving which is on the defendant; and only in rare instances is the court warranted in withdrawing…