Hubbard ex rel. Williams v. Lathrop

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from order granting new trial to plaintiffs on ground the verdict was against the weight of the evidence. The question is whether plaintiffs made a submissible case and, if so, whether plaintiff Clint Hubbard was eontributorily negligent as a matter of law. Affirmed.

Appellants contend there was no evidence to support submission of plaintiffs’ case and that, regardless of the theory of negligence advanced, the proximate cause of the casualty was the contributory negligence of plaintiff Clint Hubbard in that he made a sudden turn into the path of the…