Line v. Nourie

Todd, Justice.

Defendant, Joseph Nourie, appeals from an order denying his motion for a new trial. Plaintiff, Ronald Line, was awarded $35,000 damages, subsequently reduced by the trial court to $20,000, for injuries sustained when struck by defendant’s automobile while walking on the right hand side of a highway.

Defendant had requested an instruction as to the duties of lookout of the plaintiff which the trial judge inadvertently neglected to give in his instructions to the jury and refused to give later for fear of overemphasizing the instruction. The jury found defendant 70-percent…