Flannigan v. Harder

This is a suit arising out of an automobile accident. Plaintiff had verdict and judgment. He claims that while he was walking along a paved highway in a lawful manner he was struck and injured by an automobile going in the same direction and driven by defendant. The issues of defendant’s negligence as a proximate cause and plaintiff’s contributory negligence were submitted to a jury. In part the court charged the jury:

“If the plaintiff was guilty of any negligence which contributed to the accident, and except for which the accident would not have occurred, irrespective of the negligence of.…