Martheny v. Petersen

COLEMAN, Justice.

This is an appeal by defendant from judgment for plaintiff, on verdict of jury, in an action for personal injury and property damage suffered in automobile collision.

The case was tried on three counts, one for negligence causing personal injury, one for negligence causing damage to plaintiff’s automobile, and one for wanton injury to plaintiff’s person. Defendant filed pleas of general issue and contributory negligence.

Plaintiff’s Charge 4.

Defendant asserts that the court erred in giving plaintiff’s requested Charge 4 which recites:

“The Court charges the Jury that if the…