Bare v. Barrington

HEDRICK, Chief Judge.

Defendant contends in his second assignment of error argued on appeal that “[t]he trial court erred in refusing to submit the issue of contributory negligence to the jury when there was evidence that the plaintiff knew or should have known that defendant Barrington was intoxicated.” Defendants assert that “a sufficient amount of evidence was presented to enable a reasonable person to find by a preponderance of the evidence that the plaintiff knew or should have known that the defendant Barrington was driving under the influence of an intoxicant.” We agree.

“It is the duty…