Haynes v. Sprague

This is an action to recover damages alleged to have been sustained by plaintiff because of the alleged negligence of defendants. The defense of contributory negligence was interposed. A trial was had resulting in a verdict for the defendants. A judgment of dismissal was entered. Thereafter, upon motion of plaintiff, the verdict was set aside, the judgment vacated and a new trial granted. Defendants appeal.

The lower court was of the opinion that error was committed in giving certain instructions.

The plaintiff was traveling in a northerly direction on a bicycle upon a public highway, known as…