Brenning v. Remington

This is an action to recover damages for personal injuries sustained by plaintiff when he was struck by defendant’s automobile on October 7, 1936. At the close of plaintiff’s evidence in chief, the trial court sustained defendant’s motion for a judgment in his behalf, “the court being of the opinion that the evidence shows, as a matter of .law, there was negligence on the part of the plaintiff that was more than slight as compared to the negligence of the defendant.” From the order of the trial court, plaintiff appeals.

Under the circumstances presented by this record we are committed to the…