Hughes Ex Rel. Hughes v. Vestal

We first consider plaintiff’s appeal.

Plaintiff contends that the court erred in the admission of certain evidence bearing on the contributory negligence issue. The jury resolved that issue against plaintiff, thereby precluding any recovery of damages by him. Defendant alleged, inter alia, that plaintiff’s speed at the time he first became aware of the presence of the Vestal car was in excess of the maximum speed limit of 55 miles per hour. There was no specific testimony as to plaintiff’s speed other than the testimony of.plaintiff himself. Plaintiff fixed his speed at 50 to 55 miles per…