Rodgers v. Ashley

This is an appeal from a judgment recovered by the plaintiff for personal injuries sustained in an automobile accident. The defendant gives four grounds for his claim either for judgment for himself or for a new trial.

The first is the alleged contributory negligence of the plaintiff. The plaintiff, while walking across a busy highway, was struck by the defendant’s automobile. The contributory negligence of the plaintiff was an arguable question and we think, on all the testimony, it was properly submitted to the jury.

The defendant complains that the trial judge incorrectly instructed the jury…