Gerbing v. McDonald

The appellant lays thirteen grounds of error. Only one of them is to the point that the findings of the jury as to negligence are not supported by the evidence. This is in effect that Gerbing was guilty of contributory negligence as matter of law, but it is manifest from the above statement of facts that his negligence was a jury question.

It is urged that a mistrial should have been ordered because the fact that the defendant carried indemnity insurance was injected into the case. Two questions were put, one to defendant on adverse examination, and one on the trial whether he made some…