Bishop v. Johnson

Bishop contends he was free from contributory negligence as a matter of law but if he were negligent, the comparison of his negligence with that of Johnson was properly a determination for the jury to make and the question should not have been decided as a matter of law by the court. Johnson contends Bishop was at least 50 percent contributorily negligent as a matter of law and he was negligent per se because he violated a criminal law and contributed to the defendant’s condition, which caused the accident.

We need not decide whether Bishop was or was not negligent as a matter of law; at least…