Green v. Biles-Coleman Lumber Co.

The only assignments of error on this appeal are: that the trial court erred in concluding that the plaintiff was negligent in the manner in which he was driving fifty-nine head of cattle along the highway; and, that the trial court erred in concluding that the plaintiff’s negligence, if any, was a proximate cause for the killing of five and the injuring of five of his cattle.

The trial court’s findings of evidentiary facts are admitted; the appellant urges only that the facts,' as found,'do not establish the ultimate conclusion of contributory negligence.

There was formerly a statute which…