Key v. Woodlief

The jury’s negative finding on the issue of negligence ends the case unless the plaintiff is able to show reversible error on that issue. Any errors involving contributory negligence or damages, unless they likewise materially affect the first issue, are nonprejudicial.

The assigned errors requiring discussion are (1) the exclusion of the witness Garner’s testimony that the defendant’s speed was 50 miles per hour, and (2) the admission of the highway patrolman’s testimony that the attending physician made the statement while he was treating the plaintiff that “she was loaded.”

1. Mr. Garner…