Clark v. Hudson

SIMPSON, Justice.

The plaintiff recovered a judgment against the defendant in a personal injury action in the amount of $11,000. The case went to the jury on the complaint of simple negligence, the defendant’s plea of recoupment and a plea of general issue. We will treat the propositions advanced as error in the order argued in appellant’s brief.

Appellant contends that the appellee was guilty of contributory negligence thereby entitling him to the affirmative charge. The evidence on this issue was not entirely free of doubt or adverse inference so the question was properly submitted to the…