Cardwell v. Golden

OPINION

FRANKS, Judge.

In this suit and countersuit for damages for personal injuries resulting from a colli*775sion of motor vehicles, the jury returned a verdict for the defendant on each claim. The sole issue on appeal by plaintiff is the refusal of the trial judge to instruct the jury on the issue of remote contributory negligence requested by plaintiff’s attorney.

The defendant’s answer raised contributory negligence of the plaintiff as an affirmative defense. It is the rule in this jurisdiction that in all cases where contributory negligence is an issue, the trial judge should include an…