Shoemaker v. State of California

In this action to recover damages for personal injuries arising out of an automobile accident, after verdict and judgment in favor of the defendant [appellant and cross-respondent herein], the plaintiffs [respondents and cross-appellants herein], moved for a new trial; their motion was granted upon the ground, among others, that the evidence was insufficient to support the verdict; and the defendant appeals, contending that the evidence establishes the defense of contributory negligence as a matter of law. This contention raises the determinative issue on appeal.

In compliance with the…