Ruka v. Zierer

The appellant contends that the defendant was guilty of negligence as a matter of law. Our subsequent discussion will show that this is a rather close question, but we are disposed to hold that the question of the defendant’s negligence was one for the jury under proper instructions.

Appellant assigns as error the refusal of the court to grant plaintiff a new trial: (a) on account of erroneous and prejudicial instructions given the jury with reference to questions pertaining to negligence on the part of defendant and contributory negligence on the part of the infant plaintiff, and (bj in…