Daigle v. Twin City Ready Mix Concrete Co.

Thomas Gallagher, Justice.

Action for damages for personal injuries arising out of an automobile accident. The jury returned a verdict in defendant’s favor and this appeal is taken from an order denying plaintiff’s subsequent motion for a new trial. The sole contention here is that the trial court erred in instructing the jury on the issue of contributory negligence and proximate cause in the following language:

“Contributory negligence is negligence on the part of a person who thereafter becomes a claimant for damages for alleged injuries to his person or to his property and which negligence,…