Sprinkle v. Davis

SOPER, Circuit Judge.

In our decision upon the former appeal in this case, 104 F.2d 487, we discussed in the main two questions, that is, whether the evidence of contributory negligence on the part of the plaintiff was so compelling as to require á directed verdict in favor of the defendant, and whether it was error on the part of the court not to instruct the jury that under the Virginia statute a pedestrian who crosses a public highway diagonally is guilty of negligence. Code 1936, § 2154 (126) (d). We decided that the question of contributory negligence was properly submitted to the jury,…