Thomas Stanley Miller v. Jesse B. Irby

MURRAH, Circuit Judge.

In this jury-waived personal injury and property damage suit, arising out of a collision of two automobiles at a highway intersection, the trial court found the defendant-appellant guilty of negligence and the plaintiff-appellee “entirely free from fault”. This appeal is from a judgment for the plaintiff based upon those findings. Appellant concedes the sufficiency of the evidence to support a finding of negligence, and the only question on appeal is whether the appellee was guilty of contributory negligence as a matter of law, barring recovery.

Invoking Section 6,…