Lilley v. Simmons

Mary Helen Simmons, an infant, instituted this action by her next friend against John Jethro Lilley, Jr., to recover damages for personal injuries sustained by her when a motorcycle on which she was riding as a passenger collided with a truck operated by Lilley. A jury returned a verdict in favor of the plaintiff for $125,000, on which the judgment appealed from was entered.

The defendant assigns three grounds for reversal of the judgment against him. He contends that the trial court erred in refusing to submit the issue of contributory negligence of the plaintiff to the jury, that the verdict…