Winningar v. Bales

Plaintiff appeals from a judgment after jury verdict in favor of defendant Homer Ellsworth Bales III.

Questions Presented

1. Alleged error in instructions: (a) contributory negligence ; (b) “mere happening of an accident.”

2. Should new trial have been granted because (a) of alleged prejudice of juror Macy; (b) of defendant’s alleged statement in the presence of a juror concerning lack of insurance?

Evidence

Plaintiff’s automobile was stopped behind three or four cars which were stopped for a red light. He has no recollection of giving an arm signal prior to stopping. Defendant’s automobile was…