West v. Kidd

Defendant liad a verdict in an action to recover for injuries suffered in an automobile collision which occurred on July 20, 1930, plaintiff having been at the time a passenger in her husband’s car. The trial court submitted to the jury the question of the plaintiff’s contributory negligence; but, on motion for a neAV trial, came to the conclusion that it had erred in so doing, and granted the motion, as stated in its memorandum, solely on the ground of error of Iuav. The defendant has appealed from the order granting the neAV trial.

In ATieAV of the disposition Avhich Ave make of this case,…