Mobley v. Cartwright

Opinion by

Mr. Justice Moore.

We will refer to the parties as they appeared in the trial court where plaintiff in error was plaintiff and defendant in error was defendant.

The action was brought by plaintiff to recover damages sustained ' in an automobile accident allegedly caused by the negligence of defendant. Defendant denied negligence on his part; alleged contributory negligence of plaintiff; that the accident was unavoidable and was proximately caused by the negligence of third persons.

The issues were tried to a jury on November 15, 1956, and a verdict was returned in favor of plaintiff…