Harris v. Burnett

Dale R. Johnson, the plaintiff, appeals from a jury verdict in favor of the defendant, John C. Burnett, in a personal injury suit. He assigns as error the failure of the trial court to direct a verdict in his favor, and he challenges an instruction given by the trial court as well as the failure of the trial court to give a proposed instruction. The plaintiff claims there is no evidence of any negligence on his part and no basis upon which the defendant can assert that he exercised due care.

It was a clear, sunny afternoon on October 15, 1970, when the plaintiff’s motorcycle collided with the…