Manley v. O'Brien County Rural Electric Cooperative

REES, Justice.

The plaintiffs appeal the trial court’s overruling of their motion for a new trial following a verdict for the defendant in plaintiffs’ action for damages. The plaintiffs assert the trial court erred in instructing the jury regarding contributory negligence. The Court of Appeals reversed and remanded for a new trial and we granted further review. We now reverse and remand for a new trial.

On July 29, 1974 the plaintiffs filed their petition with the plaintiff T. Lee Manley praying for damages for personal injuries in the sum of $824,689, and the plaintiff Leone Manley praying for…