Kirby v. Swedberg

The plaintiff, Mary E. Kirby, was injured while crossing a street intersection, when struck by a car driven by the defendant, Ruth S. Swedberg. Upon trial, the jury returned a verdict for the plaintiff in the sum of $3,750 and also answered a special interrogatory wherein it found that the plaintiff was guilty of contributory negligence. The court set aside the answer to the special interrogatory and entered judgment in favor of the plaintiff on the general verdict.

On appeal, the defendant asserts that the trial court erred: (1) in denying her post-trial motion to set aside the general…