Bolin v. Ace Discount Co.

Plaintiff-appellant Bolin seeks review of an adverse final judgment rendered in a jury trial of his action for personal injuries sustained in an automobile collision. He asserts that the trial court gave a faulty jury instruction; we agree and reverse.

The facts are apparently undisputed. Plaintiff was a passenger in an automobile which collided with another vehicle. At the conclusion of all the evidence in a trial stemming from that collision, the judge charged the jury as to the plaintiff’s contributory negligence. The plaintiff’s counsel indicated that there was no contributory negligence…