Chandler v. Mueller

BARRETT, Commissioner.

In this action for $50,000 damages for personal injuries a jury returned a verdict in favor of the defendant. The plaintiff was granted a new trial on the ground that the court had erred in giving the jury instruction 11 and the defendant has appealed. The sole question upon the appeal is whether for any one of several reasons instruction 11 on the plaintiff’s contributory negligence was prejudicially erroneous.

The background of the defendant’s claim and submission of the plaintiff’s contributory negligence was this: On March 17, 1960, about 4 o’clock in the afternoon,…