Hayes v. Alsburg

Four-car accident.

Passenger asleep in #3 car injured.

Jury found for all four drivers.

Two issues here.

I. Whether the evidence established, as a matter of law, that one or more of the defendants were guilty of negligence.

II. Whether the trial court erred in submitting the question of plaintiff’s contributory negligence to the jury.

The bottom line first.

We affirm.

The accident occurred on August 30, 1969, at about 1:30 a.m. It was a clear night and the pavement was dry. All the vehicles were in the passing lane on U.S. Route 66. Alsburg (#1), Vickers (#2), Enyart (#3) and Hart (#4).

Alsburg (in…