Jarboe v. Shane

STEWART, Justice.

For the purpose of this appeal appellant will- be referred fa> as “Baird” .and appellee as “Shane”.

Two errors are assigned on the appeal: First, the court erred in failing to give to the jury “Instruction No-. 2” offered by Bail'd covering-proximate cause; and second, the court erred in submitting to- the jury Baird’s-contributory negligence, set out in “Instruction No. 9” given by the court, because Shane did not allege such a fact.

The litigation grew out of the following incident: At or about 1:00 p. m., on May 27, 1949, J-. M. Baird was operating his automobile in a…