Whaley v. Adams

BRITT, Judge.

Defendant contends the court erred in denying his motions for directed verdict and judgment nlo.v. on’ grounds that plaintiff failed to show actionable negligence on the part of Adams, and plaintiff’s own evidence established intestate’s contributory negligence as matter of law.'

Assuming, arguendo, that Adams was negligent, we think the evidence clearly establishes contributory negilgence on the part of' plaintiff’s intestate in that he' failed to keep a' proper lookout and failed to keep his vehicle under proper control:

On the question of contributory negligence, Justice Stacy…