Stein v. McDonald

PRITCHARD, Commissioner.

Plaintiff sued defendants for $65,000 damages for personal injuries which resulted from one of defendants falling from the bed of plaintiff’s truck on top of plaintiff. The verdict and judgment were for defendants, after which the trial court granted plaintiff a new trial upon the grounds of error in giving two contributory negligence instructions (Nos. 2 and 3). Defendants appeal from the order granting a new trial contending that the two contributory negligence instructions were supported by the evidence, and were correctly given to the jury-

Plaintiff was a…