Swearingen v. Sloggett

This is an action for personal injuries sustained in an automobile accident. Plaintiff obtained a jury verdict for $10,000. Defendant has appealed from the order overruling his motion for a new trial. The only issues on this appeal involve the giving of allegedly erroneous instructions to the jury.

Defendant’s arguments are directed at three specific instructions. Instructions numbered 4 and 5 involve respectively loss of profits and the consideration of certain municipal ordinances. Both of these instructions, together with others, were discussed by the court with counsel prior to submission.…