Schutt v. Brockwell

Plaintiff, James E. Brockwell, Jr., instituted this action to recover for personal injuries sustained as a result of being struck by a truck driven by the defendant, Arnold David Schutt. Judgment for the plaintiff in the sum of $100,000 was entered on the jury’s verdict, and defendant is here on a writ of error to the judgment.

Defendant contends that the trial court erred (1) in not holding plaintiff contributorily negligent as a matter of law, which barred his recovery, and (2) in granting and refusing certain instructions.

The evidence shows that the accident occurred about 8:00 p.m. on the…