Simpson v. Swinehart

Appellee brought this action against appellant for damages for personal injuries sustained when he was struck by an automobile driven by appellant. Verdict in favor of appellee for $5,000. Judgment accordingly.

In this appeal appellant makes three contentions: First, the trial court erred in overruling his motion for a continuance; second, the evidence shows appellee was guilty of contributory negligence as a matter of law, and finally, the court’s instruction No. 1 was erroneous. We are of the opinion there is merit only in the first question presented.

Appellee contends appellant’s brief does…