Balano v. Nafziger

The opinion of the court was delivered by

Hutchison, J.:

This appeal is by the defendants from a judgment rendered against them in an action for damages, on account of an automobile collision.

The first error complained of is in rendering judgment against the *514defendants when the answer of the jury to special question No. 9, together with the uncontradicted evidence, shows the plaintiff to have been guilty of contributory negligence as a matter of law, and .also shows one Joe Northern to have been guilty of the negligence causing the injury.

The collision occurred April 25, 1931, on highway No. 40…