Luna v. Tecson

Plaintiff in a personal injury action appeals from judgment, after jury verdict, in favor of defendant.

Questions Presented.

1. Was defendant negligent as a matter of law

2. Alleged error in instructing on excusability of violation of statute.

3. Alleged error in instructing that mere happening of an accident raises no presumption of negligence.

4. Alleged error in instructing on contributory negligence.

Record.

Summarizing the facts in the manner most favorable to the defendant, they are as follows: About 7 a.m. on the morning of December 1, 1958, defendant was proceeding northward on Ninth Street…