Gault v. Freitas

This is an appeal from the order granting a new trial in a personal injury action. The grounds of the order were errors in law occurring at the trial and insufficiency of the evidence to sustain the jury’s verdict in favor of the defendant. The sole question urged on appeal, however, is that plaintiff-respondent was guilty of contributory negligence as a matter of law. Appellants concede that their appeal is without merit if respondent’s conduct was such as to leave the issue of contributory negligence to be solved by the jury as a question of fact.

The accident out of which this action arose…