Martinovic v. Ferry

BROWN (Gerald), J.

Plaintiff has appealed from a judgment, based upon a jury verdict, favoring defendants in his action for personal injuries incurred when he was run over by a cement truck. He contends: (1) that the truck-driver was negligent as a matter of law; (2) that he himself was not eontributorily negligent as a matter of law and the court erred in instructing the jury on this issue; (3) that the court failed to instruct on all theories of his case; (4) that the court erred in admitting evidence of the truckdriver’s state of mind as to the whereabouts of plaintiff, and in giving an…