Carson v. Evans

This is an action for damages for personal injuries. Plaintiff, a passenger in her husband’s automobile, was injured when it collided with defendants’ automobile at the western junction of Highways 50 and 66 in Franklin County. She sued for $12,500. She appeals from a judgment for. defendants.

The only question plaintiff presents for our review is whether defendants’ instructions are proper.

Plaintiff submitted her case both on the humanitarian doctrine and primary negligence. As their defense under the humanitarian doctrine, defendants submitted two sole cause instructions as follows:

“VII..…