Prince Albert Smith v. Robert Lee Steward, Robert Lee Stweard v. Prince Albert Smith

DANAHER, Circuit Judge.

A jury awarded damages to the appellant, but judgment n. o. v. was entered for the appellee. At the same time, the latter’s motion for new trial was denied. An appeal and cross-appeal followed. We treat only with the issue involving appellant’s alleged contributory negligence, for we may assume the jury properly could have found negligence on the part of the defendant-appellee.

The physical facts may be treated as we proceed. Emergency Hospital in January, 1957, was located on the north side of New York Avenue. A driveway eight feet wide ran north, up-grade, between two…