Yuncke v. Welker

Haymond, Judge:

Upon this writ off error the defendant seeks the reversal of an adverse judgment for $5,175.00 entered by the Circuit Court of Ohio County upon the verdict of a jury in the trial of an action to recover damages for alleged personal injuries prosecuted by the plaintiff in that court.

The judgment is assailed in this Court on three principal grounds: (1) The defendant was not negligent; (2) the plaintiff was guilty of contributory or concurrent negligence'barring recovery; and (3) the verdict is excessive. The defendant assigns a number of errors.

The plaintiff, William Yuncke, a…