Indianapolis Traction & Terminal Co. v. Menze

Montgomery, G. J.

Appellee recovered a judgment for $10,000 on account of personal injuries sustained by his wife in a collision between an automobile, in which she was riding, and a street-ear.

Appellant’s motion for a new trial -was overruled, and this ruling is the only assigned'error urged upon our attention.

1

A new trial was sought upon the grounds that the court erred in giving certain instructions, and that the damages awarded are excessive. The third instruction given advised the jury, in effect, that the only contributory negligence that could defeat the action would be that on the part…