Gasperik v. Simons

This was a suit to recover for personal injuries which plaintiff suffered in a crosswalk collision with defendant’s automobile. A jury returned a verdict in favor of the defendant. Plaintiff’s post-trial motion was overruled and judgment entered on the verdict. In this appeal it is contended that (1) the trial judge erred in refusing to give the jury three instructions tendered by plaintiff; (2) the statute defining rights of a pedestrian in a crosswalk should be construed to give the pedestrian an absolute right of way over a motorist; (3) the conduct of the trial judge was prejudicial to…