Tuttle v. Tomasino

STORCKMAN, Judge.

The action is to recover for personal injuries received by the plaintiff when struck by an automobile operated by the defendant. Plaintiff’s petition prays for damages in the amount of $50,000. The verdict and judgment was for the defendant, but the trial court granted a new trial on plaintiff’s motion and the defendant has appealed. The issues on appeal are whether the trial court erred in giving an instruction on contributory negligence requested by the defendant and in'excluding from evidence a deposition offered by the plaintiff on the ground that it was not signed by the…