Boerner v. Estate of Lambert

— Plaintiffs Boerner sued defendants for damages caused by the late Amos Grant Lambert resulting from a collision between their respective cars while the latter was driving on plaintiffs’ side of a public highway. The jury held for the defendants, and plaintiffs Robert E. Boerner and Oneda Boerner, husband and wife, appeal. The sole question is whether there was sufficient evidence to warrant an instruction on contributory negligence. We hold there was not and reverse for a new trial.

The facts will sufficiently appear in our discussion of the evidence. The collision occurred on State Highway…