Griffin v. Shively

*319In this appeal, the question presented by the sole assignment of error is whether the trial court erred when it struck the plaintiffs evidence on the ground that her decedent was guilty of contributory negligence as a matter of law.

The plaintiff, Marilyn Sutherland Griffin, Administratrix of the Estate of Albert Clinton Sutherland, sued Garland Shively to recover damages for Sutherland’s wrongful death. She alleged that Shively negligently shot and killed Sutherland. Shively denied liability on the ground that Sutherland himself was guilty of negligence which proximately contributed to his…