Bottaro v. Schoenborn

The plaintiff, while walking on a public highway, was struck and injured by an automobile owned and driven by the defendant. He brought this action to recover damages and, among his claims of negligence, alleged, in an inept way, the doctrine of supervening negligence. There is no denial, however, that the issue was in the case. The defendant pleaded a special defense of contributory negligence. The parties acknowledge that the court adequately and correctly charged the jury on both of these issues. The discussion of contributory negligence, however, appears at two points in the charge. In…