Stryk v. Sydarowich

The single question presented is whether the finding of the jury that the plaintiff was guilty of contributory negligence is so contrary to the undisputed physical facts that the proof does not sustain this finding of the jury.

The court submitted the case to the jury under such instructions that the finding that the plaintiff was guilty of contributory negligence means that the jury based their answer upon defendant’s statement that plaintiff’s car hit the culvert before defendant’s car collided with it.

Starting with the admitted fact that the defendant’s automobile did in fact hit the left…