Weilbrenner v. Owens

Defendants have appealed from a judgment against them on a jury verdict for $26,662 as damages due plaintiff from a collision between his automobile and a tractor-trailer owned by defendant Swift & Company, driven by its employee, defendant Owens. Defendants urge three grounds for reversal: (1) contributory negligence as a matter of law; (2) error in receiving certain evidence of tire marks; and (3) allowance of excessive damages. We hold no reversible error appears in any of these respects.

The collision occurred about 6:30 a.m., September 22, 1952, on a hill on U. S. Highway 61 between…