Whitson v. Nichols

This is an action for damages based upon averments, affirmed upon the one side and denied upon the other, that ap-pellee negligently, upon the public highway, drove his automobile against the plaintiff, thereby proximately causing serious injury to him.

The trial court, after defining in a conced-edly correct manner the terms “negligence,” “ordinary care,” “proximate cause,” “contributory negligence,” and “unavoidable accident,” submitted the cause to a jury upon special issues, which, together with the jury’s answers, were as follows:

“No. 1. Was the injury to plaintiff, if any, the direct and…