Tate v. West

— The appellee, while walking across National Avenue in the city of Brazil, Indiana, was struck and injured by an automobile owned and driven by the appellant. He brought this suit and was favored by a jury with a verdict in the sum of $4,000 upon which judgment was entered over the appellant’s motion for a new trial.

Said judgment is challenged first on the theory that in legal effect the evidence charges the appellee with contributory negligence and therefore the verdiet upon which it rests is contrary to law. We can so hold only if the controlling facts are not in dispute and are…