| Docket No. | Op. Below | Argument | Opinion | Author | Term |
|---|---|---|---|---|---|
| 4714 | - - | - - | December 2, 1957 | Spratley | 1957 |
Holding
This action was instituted by [the plaintiff] against [the defendant] to recover damages for injuries which she incurred while riding as a guest-passenger in an automobile operated by the defendant. The defendant filed grounds of defense denying all negligence on his part and a plea of contributory negligence. At the conclusion of the plaintiff’s evidence, defendant moved the trial court to strike it on the ground that it failed to establish gross negligence on the part of the defendant. The court overruled the motion.
On this writ of error granted the defendant, we are asked to reverse the judgment as not supported by the evidence and for the refusal of the trial court to instruct the jury on the issue of contributory negligence and to grant Instructions 9 and 10 tendered by the defendant.
