Brooks v. Stewart

DALTON, Judge.

This is an action for $25,000 damages for the wrongful death of plaintiff’s wife. Verdict and judgment were for defendant, but the court set the judgment aside and granted plaintiff a new trial for error in giving defendant’s Instruction No. D-5. Defendant has appealed.

Late in the afternoon of January 18, 1956, while snow was falling, plaintiff accompanied by his wife was driving his 1955 Plymouth automobile in a southerly direction on the west side of Highway No. 25 and, at a point approximately eight-tenths of a mile north of the intersection of Highway No. 25 and Route AA in…