Slyder v. Minix

OPINION

By HORNBECK, PJ.

Plaintiff instituted his action against the defendant Board of County Commissioners for damages for personal injuries predicated upon the violation of §7563 GC. Issues were drawn and the cause was submitted to a jury.

It was- undisputed that the commissioners had violated §7563 GC and the court in its general charge said to the jury that this was negligence per se and if the sole proximate cause of plaintiff’s injuries, he should recover. The court further instructed the jury that if the plaintiff was chargeable with contributory negligence he could not recover.

The…