Mason v. Hunter

VAN PELT, Senior District Judge.

This is an appeal from a jury verdict for defendant in a death case. Plaintiff’s decedent, who with others, was pushing his truck following a collision with another motor vehicle, was struck by defendant’s automobile which was proceeding north on a main-traveled highway one mile south of Magnolia, Arkansas. Judge Harris entered judgment in accord with the jury verdict.

The assigned errors all center around the trial judge submitting to the jury the issue of assumption of risk, which was not pleaded as an affirmative defense. Additionally, the errors assigned…