Polkey v. Phillips

Plaintiffs were the driver and passengers of a car which struck the car driven by defendant, Zander Phillips. The trial judge found defendant guilty of negligence as a matter of law and so directed the jury, which returned a separate verdict in favor of each plaintiff. The jury also found by a special interrogatory that the plaintiff driver, Georgianna Meyers, was guilty of contributory negligence, and the trial judge entered judgment n.o.v. for defendant against Georgianna Meyers based on the answer to the special interrogatory. The defendant appeals only from the judgment against him in…