Osborne v. Montgomery

The principal contention of the defendant here is that the plaintiff was guilty of contributory negligence as a matter of law; that the damages assessed by the jury are excessive, and that the court erred in its instructions to the jury in the particulars hereinafter stated. The evidence in the case presents a clear jury question as to whether or not the plaintiff was guilty of contributory negligence. A full recital of the facts would be of no especial value and the principles of law involved have been frequently stated and restated.

The jury assessed the plaintiff’s damages at $2,500, which…