Hodges v. Lister Ex Rel. Lister

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a damage action for personal injuries arising from an automobile collision at an open, uncontrolled city intersection.

The trial court sustained a motion to dismiss and/or a motion for a directed verdict, before the plaintiff had presented all of his evidence on his case in chief, on the ground that the plaintiff by his admissions had convicted himself of contributory negligence which was a proximate cause of the collision.

The controlling question on appeal is whether the trial court erred in terminating the…