Damrow v. Zauner

Christianson, Justice.

This is an appeal from an order vacating a verdict for defendants in a personal injury action and granting plaintiff a new trial exclusively for errors of law occurring at the trial. The primary issue on appeal is whether it was error for the trial court to submit the question of plaintiff’s contributory negligence to the jury.

In the early afternoon of December 8, 1948, plaintiff was injured when struck by an automobile driven by defendant Margaret Zauner and owned by defendant LeRoy Zauner, her husband. The accident took place near the northwest corner of the…