Mingo v. Extrand

Olsen, C.

The suit is one to recover damages for personal injuries claimed to have been caused by negligence of the defendant in operating his automobile. There was a verdict for defendant. On motion of the plaintiff the court granted a new trial on the ground of errors in its instructions to the jury, and defendant appeals.

Aside from the question of damages, the issues submitted to the jury were the usual issues of defendant’s negligence and plaintiff’s contributory negligence. In a portion of its charge the court said:

“Neither the defendant nor the plaintiff were bound to anticipate…