Tisserat v. Peters

Reasons for reversal are predicated upon the giving of an instruction relative to defendant’s decedent being blind in one eye and the failure to instruct as requested on such subject.

The evidence shows without dispute defendant’s decedent had lost the sight of Ms left eye and this fact was well known to plaintiff. The accident that gave rise to this action happened about 7:30 p.m., December 8, 1956. Defendant’s decedent drove into the filling station where plaintiff was employed on a part-time or extra-help basis to have chains put on his ear. The weather was cold and streets icy. Decedent…