Smith v. Rich

This is an action by a pedestrian to recover damages for personal injuries sustained when struck by an automobile driven by defendant.

Defendant, for whom the jury returned a verdict, appeals from an order granting plaintiff a new trial.

The motion for a new trial was granted upon the sole ground that the court erred, as a matter of law, when it gave a portion of instruction No. 27 which dealt with the claimed contributory negligence of plaintiff.

Pursuant to Rule on Appeal 34 (3), 34A Wn. (2d) 36, defendant (appellant) filed a concise statement of the points on which he intended to rely on…