Lundin v. Heilman

Opinion by

Mr. Justice Allen M. Stearne,

This trespass action was instituted by plaintiffs, husband and wife, to recover damages for injuries sustained by the wife while riding as a passenger in an automobile driven by the defendant. The jury returned a verdict in favor of the defendant. Plaintiffs appealed contending the court below gave an erroneous *317instruction to the jury when it affirmed one of the defendant’s points for charge, viz.: “the speed of the automobile was not the proximate cause of the accident”.

The injuries occurred on the morning of December 29, 1948, at about 1:00 a.m. The…