Murphy v. St. Claire Brewing Co.

Defendant appeals from a judgment based upon a jury verdict awarding plaintiff damages for personal injuries in the sum of $3,000 general damages, and $458.50 special damages.

On this appeal the defendant contends that under the evidence the defendant was not negligent, that, as a matter of law, plaintiff was guilty of contributory negligence, and that the trial court erred in giving a certain instruction to which reference will hereafter be made.

A reading of the transcript and briefs demonstrates that, other than the question of the propriety of the challenged instruction, fundamentally the…