Tatro v. Carlson

Nelson, Justice.

Action by Eleanore Tatro against Marie Carlson, driver of an automobile in which plaintiff rode as a passenger, for injuries sustained when defendant ran into a protruding manhole pipe while driving on a road which was under construction. The jury returned a verdict for defendant and plaintiff appeals from an order denying her motion for a new trial on all issues. The basis for said motion, made upon the minutes of the court, was that the trial court committed errors of law in instructing the jury on contributory negligence and assumption of risk.

Plaintiff and defendant were…