Bliss v. F. & M. Schaeffer Brewing Co.

The opinion of the court was delivered by

Garrison, J.

This is an action for personal injuries alleged to have been sustained by the plaintiff by reason of the careless and unskillful manner in which a wagon of the defendant was driven by one of its servants, whereby the plaintiff was knocked down in a public highway.

Upon this issue the burden was upon the plaintiff to satisfy the jury that the driver had failed to use the degree of care that a reasonable person should have used under the circumstances. The court had charged the jury when two requests to charge were handed up by the counsel of…