Phoenix Indemnity Company of New York v. Manning L. Girouard

TUTTLE, Circuit Judge.

This appeal seeks a reversal of the judgment of the trial court based on the verdict of a jury in a personal injury damage suit on the sole ground that the trial court should have held as a matter of law that the plaintiff-appellee was guilty of negligence which, at least partially, contributed to cause the accident.

Recognizing full well the difficulty of presenting a situation which requires the court to take from the jury the questions of plaintiff’s negligence and of causation, appellant nevertheless asserts that this is the exceptional case. We do not think so.

Viewing…