Rutz v. Iacono

1 Reported in 40 N.W.2d 892. This action involves personal injuries arising out of an automobile accident in which plaintiff was the passenger and defendant the driver. There was a verdict in favor of defendant. Plaintiff appeals from an order denying a motion in the alternative for an order granting a new trial on the issue of damages only or for an order granting plaintiff a new trial on all issues.

On appeal, plaintiff presents two questions for decision: (1) Was defendant guilty of negligence as a matter of law? (2) Was plaintiff free from contributory negligence as a matter of law? The…