Martin v. Miles

This is an appeal from a judgment of the Circuit Court of Crawford County in a wrongful death action. The judgment was entered on the verdict of the jury in favor of defendant.

On appeal in this Court, plaintiff, Edward Martin, Administrator of the Estate of Lawrence E. Tingley, deceased, raises basic contentions that the question of contributory negligence became a question of law for the reason that all reasonable minds would be compelled to reach the conclusion that there was or was not contributory negligence; that in absence of eyewitnesses other than the defendant, due care of the…