Parsons v. Noel

LOZIER, Commissioner.

Plaintiff-respondent (herein called plaintiff) sued defendants-appellants (herein called defendants) for the alleged wrongful death of her husband, Eugene F. Parsons. Plaintiff had a verdict for $15,000 and judgment was entered accordingly. Defendants appealed.

Defendants first allege error in the overruling of their motions for a directed verdict “because plaintiff’s husband was guilty of contributory negligence as a matter of law.” They also contend that plaintiff’s Instruction 1 is “unsupported by the evidence.”

“The burden of establishing plaintiff’s contributory…