Walker ex rel. Walker v. Walker

Defendant concedes that plaintiff has made out a prima facie case of negligence on the defendant’s part, but contends that plaintiff should have been nonsuited for that: (1) plaintiff was contributorily negligent as a matter of law, and (2) the evidence of plaintiff’s mental incapacity is not sufficient to support a verdict on that issue.

*698The evidence tends to show that plaintiff ordinarily relied on members of his family for guidance, supervision and decisions. Under the circumstances of this case his failure to remonstrate with his brother for driving at an excessive speed raises, at most,…