La Rue v. Powell

This is an appeal from a judgment for damages for personal injuries arising out of an automobile accident. The appellants’ first contention and the one upon which they place greatest emphasis is that the court erred in giving an instruction which by its terms purported to state the conditions necessary to a verdict and yet did not state all of those conditions but on the contrary overlooked the element of proximate cause and the defense of contributory negligence. The instruction complained of reads as follows: “You are further instructed that Martin La Rue- and Tillman La Rue are minor…