Borries v. Z. Frank, Inc.

This is a personal injury case, in which the jury returned a $30,000 general verdict for plaintiff. The jury also returned a special interrogatory, which found that plaintiff was “guilty of negligence which proximately contributed to cause the occurrence in question.” The trial court denied plaintiff’s motion to set aside the answer to the special interrogatory and entered judgment for defendants. Plaintiff appeals.

On September 27, 1960, at approximately 4:30 to 5:00 p. m., plaintiff, a pedestrian, was struck by the rear end of a car, which backed into her. The scene of the occurrence was…