Lustik v. Walters

Loses, C.

In an action to recover damages for personal injuries sustained when plaintiff was struck by an automobile driven by defendant on the highway between Gilbert and Aurora in St. Louis county, the jury returned a verdict in plaintiff’s favor. Defendant has appealed from an order denying his alternative motion for judgment notwithstanding the verdict or a new trial.

The assignments of error raise three questions for discussion: (1) Was plaintiff chargeable with contributory negligence as a matter of law? (2) Did the court err in admitting testimony relative to the actions of the defendant…