Milby v. Mears

PARK, Judge.

This case is an appeal from an order of the Green Circuit Court granting a motion for judgment n. o. v. and dismissing the complaint of the plaintiff-appellant, James H. Milby, in an action arising out of an injury sustained by Milby while working in the tobacco barn of the defendant-appellee, Clell R. Mears.

Two questions are presented on appeal. First, did Milby waive his right to challenge the trial court’s findings that he was con-tributorily negligent as a matter of law by failing to brief that issue in his original brief on appeal? May this court nevertheless consider the…