Gaskins v. . Kelly

Seawell, J..

In answer to the first issue the jury found that Mrs. Gaskins was killed by the negligence of the defendant as alleged in the complaint. The exceptions brought forward challenge the adequacy and correctness of the instructions to the jury on the second issue, presenting the question of contributory negligence on the part of the intestate.

We examine first plaintiff’s challenge to the following instruction to the jury on this issue:

“It was the duty of Mrs. Gaskins, gentlemen, in crossing a highway at a point other than within a marked cross-walk, and according to the eviStence here…