Lee v. Zaske

Loring, Justice.

Action to recover for the death of Theodore L. Lee, who was killed by the defendant Minnie Zaske’s automobile on March 8, 1940, while it was being driven by the defendant Erwin Zaske. Defendants had a verdict, and plaintiff comes here on appeal from the judgment after denial of her motion for a new trial.

The principal questions presented are whether the court erred (1) in submitting the question of decedent’s contributory negligence to the jury; (2) in charging the jury with reference to the emergency rule as applied to the defendant driver’s conduct; and (3) whether the…