Schoessel v. Robertson

DOWD, Judge.

This is a rear end collision case where the jury found in favor of the defendant. Plaintiff appeals. The sole issue on this appeal is whether the court below prejudi-cially erred in submitting to the jury the *96following contributory negligence instruction:

“Your verdict must be for the defendant whether or not defendant was negligent if you believe:

“First, plaintiff suddenly stopped her automobile on the highway without first giving an adequate and timely warning of her intention to stop, and

“Second, plaintiff was thereby negligent, and

“Third, such negligence of plaintiff directly…