Fahringer v. Rinehimer

SPAETH, Judge:

This appeal is from an order denying a motion for judgment n. o. v. or new trial. The action is for personal injury and was tried before a jury. Appellants argue 1) that the lower court erred by failing to find as a matter of law that appellee was precluded from recovery because of contributory negligence and assumption of the risk; 2) that they were unfairly prejudiced by the court’s admission into evidence of a photograph of appellee’s injury; and 3) that the verdict was excessive.

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In considering a motion for judgment n. o. v. we must view the evidence, together with the…