Anderson v. Gray

Holt, Justice.

Action for death by wrongful act. Verdict for defendant, and plaintiff appeals from the order denying a new trial.

Only two assignments of error need be considered, the one submitting the issue of decedent’s contributory negligence to the jury, the other submitting to the jury whether or not defendant met an emergency which might excuse him from the charge of negligence if when so confronted he did not select the best way out of the danger. To pass upon these alleged errors it is necessary to set out the situation as disclosed by the record.

The village of Milan is situated on the…