Billman v. National Merchandise Co.

JOHNSON, Judge.

The appeal in this case contends that the trial court was in error in charging the jury on contributory negligence and comparative negligence resulting in the reduction of the jury verdict for damages.

Appellant contends that there were no facts from which the trial court could have found contributory negligence on the part of the plaintiff-appellant, and therefore it was error to even charge on the question.

We find from the record, however, that there were some discrepancies in the testimonies of the parties as to whether the boat in question slipped, or at least did not…