Falstaff Brewing Corporation v. Thompson

GARDNER, Circuit Judge.

This is an action for damages brought by appellee as plaintiff below against appellant for personal injuries sustained by him in an automobile accident in Omaha, Nebraska. We shall refer to the parties as they appear» ed below. This is the second appeal. On the prior appeal, we reversed because of error in the instructions given the jury. Falstaff Brewing Corp. v. Thompson, 8 Cir., 89 F.2d 557.

Plaintiff alleged that on the afternoon of March 16, 1935, he was driving his automobile west on Ames Avenue, at about Fiftieth Street, in Omaha, Nebraska, going on the north side…