Stone v. Engler

HYDE, Judge.

Action for $50,000 damages for personal injuries sustained in a collision of automobiles at an intersection. The jury’s verdict was in favor of defendant but the trial court sustained plaintiff’s motion for new trial on the ground of error in giving Instruction 7 at defendant’s request. Defendant has appealed from that order.

Defendant contends Instruction 7 was proper and also that plaintiff failed to make a submissible case. Therefore, it first will be necessary to state the facts shown by the evidence viewed most favorably to plaintiff. The negligence submitted was failure to…