Smith v. House

BROCK, Judge.

Defendant’s sole assignment of error relates to the Court’s conclusion that plaintiff was injured by defendant’s negligence and plaintiff was not contributorily negligent. Defendant has not brought forward the evidence at trial in his record on appeal and does not dispute the findings of fact in the judgment. Defendant contends that as a matter of law from the findings of fact in the judgment, either plaintiff was contributorily negligent or the injuries he sustained were the result of an unavoidable accident.

We find no merit in defendant’s contention. From the finding of fact in…