Brown v. Winn

BOND, Chief Justice.

This is a suit for damages suffered by appellant, plaintiff in the court below, in ah automobile collision occurring on a state highway. At the conclusion of plaintiff’s evidence, on motion of defendants, the trial judge peremptorily instructed a verdict and entered judgment in their favor. The court held that plaintiff was guilty of contributory negligence as a matter of law, and that discovered peril was not raised by the evidence. This is the basis of appropriate points of error in this appeal.

The evidence shows that the collision occurred on a thirty-foot, three-lane…