Autio v. Miller

The jury was instructed from every possible angle that if it found from the evidence that the deceased was guilty of contributory negligence which proximately caused or contributed to his injuries and death, then it must find its verdict in favor of the defendant and appellant. We submit that the verdict demonstrates that, even bearing in mind that the law did not impose upon John Autio the same degree of care as that imposed upon an adult, the jury ignored the testimony on behalf of the plaintiff which demonstrated deliberate negligence on the part of John Autio when it returned its verdict…