Walburn v. McGriff

Indiana Court of Appeals

Walburn v. McGriff

164 N.E. 926, 88 Ind. App. 708, 1929 Ind. App. LEXIS 39

Indiana Court of Appeals·Decided January 22, 1929·No. No. 13,275.·Published

Opinion

McMahan, P. J.

Appellee recovered judgment against appellant for damages to an auto truck caused by an automobile driven by appellant colliding with such truck. Appellant, conceding his negligence, contends that appellee was guilty of contributory negligence as a matter of law. There is no merit in this contention. The evidence is ample to sustain a finding that appellee was not contributorily negligent.

Judgment affirmed, with ten per cent, penalty.

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McMahan, P. J.

Appellee recovered judgment against appellant for damages to an auto truck caused by an automobile driven by appellant colliding with such truck. Appellant, conceding his negligence, contends that appellee was guilty of contributory negligence as a matter of law. There is no merit in this contention. The evidence is ample to sustain a finding that appellee was not contributorily negligent.

Judgment affirmed, with ten per cent, penalty.

Walburn v. McGriff, 164 N.E. 926, 88 Ind. App. 708, 1929 Ind. App. LEXIS 39 (Ind. Ct. App. 1929).

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