Quinn v. Hartmann

The defendant contends (1) that the evidence wholly fails to prove any actionable negligence on his part at the time of or immediately prior to the collision; (2) that the plaintiff was negligent as a matter of law and that such negligence proximately contributed to produce his injuries; (3) that the damages are excessive; (4) that the trial court erred to the prejudice of the defendant in charging the jury; and (5) that the form of the verdict was erroneous.

In the view we take of this controversy only the first contention, which incidentally involves the form of and the ultimate fact…