Grindell v. Huber

Defendant offers two propositions of law for consideration, one pertaining to whether the defenses of unavoidable accident and contributory negligence are consistent, and one relating to the validity of the special instruction given on the issue of unavoidable accident. Due to the posture of the cause, however, resolution of the latter question will dispose of the appeal.

In reversing the judgment, the Court of Appeals found as to the father’s cause of action that “* * * the special charge and that portion of the general charge relating to unavoidable, or inevitable, accident were erroneous *…