Smith v. Goodwin

Opinion op the Court by

Judge Cammack

Affirming.

Paul Goodwin, a boy 19 years of age, was struck by a car driven by tbe appellant, Dr. Claude E. Smith, while crossing the Dixie Highway at the intersection of Arlington Road a few hundred feet south of the city limits of Covington. The accident occurred about 7:00 o’clock on the night of January 5, 1939. Goodwin’s left leg was broken. He recovered a judgment of $2500; hence this appeal.

Dr. Smith is urging that the judgment be reversed on the grounds that (1) he was entitled to a peremptory instruction; (2) the trial court erroneously instructed…