Johnson v. Griepenstroh

Plaintiff, a pedestrian, was struck by defendant’s car at an intersection, and brought this action to recover damages for personal injuries allegedly resulting therefrom. Upon trial to a jury, defendant’ was awarded a verdict and judgment. Plaintiff’s motion for new trial was overruled, and he appealed. Assignments of error were substantially that the trial court erred: (1) In giving instruction No. 3 on its own motion, and in failing to instruct the jury that plaintiff’s alleged contributory negligence was an affirmative defense to be proved by defendant; (2) in giving instructions Nos. 13…