Robinson v. Bybee

CAMMAGK, Justice.

This is an appeal from a $7,000 judgment in favor of Charles Bybee, plaintiff below, for injuries he received when the truck in which he was riding slipped off a highway being resurfaced by the appellant, Robert M. Robinson. Robinson had a contract with the Highway Department for the resurfacing job. The chief ground relied on by Robinson for reversal is that he was entitled to a peremptory instruction because Bybee was guilty of contributory negligence as a matter of law. Since we agree with this contention, we shall confine our consideration of the case to that question.

The…