Franks v. Smith

Plaintiff was injured when he and the defendant collided while they were engaged in the sport of motorcycle hill climbing. The jury found for the defendant and plaintiff appeals.

The plaintiff assigns as error the trial court’s refusal to withdraw the defense of assumption of risk and the court’s instructing the jury regarding such defense. On appeal the plaintiff attacks the language of the assumption of risk instruction given; however, at trial exception was taken only upon the grounds that there was no evidence from which the jury could infer that the plaintiff assumed the risk and that the…