Ernst v. Broughton

This is an action for damages for personal injuries alleged to have been sustained by the plaintiff as the result of a collision of automobiles in an intersection. The jury returned a verdict for the defendant and the plaintiff appeals.

The plaintiff asserts the trial court erred in three particulars: (1) in rejecting certain evidence offered by plaintiff; (2) in giving an erroneous instruction; and (3) by excessive use of the words “contributory negligence” in its instructions unduly emphasized this phase of the defendant’s defense. We will consider these assignments of error in order.

The…