Jackson v. Miller

In each of the actions entitled the plaintiff sought damages for injuries alleged to have resulted through the negligence of defendant.

The eases involved but one happening and therefore an order of consolidation was entered in the court below and the proceedings were carried on through but one trial. A jury was impaneled and verdict returned in favor of each plaintiff. Motion for new trial was denied and judgments entered upon the verdicts. This appeal follows.

The main ground of the appeal is that plaintiff Jackson was guilty of contributory negligence to an extent barring any recovery, and that such negligence is imputed to plaintiff Bentley, likewise destroying any right of action in her.

The claimed negligence and injury arise out of an automobile accident.

The respective plaintiffs were occupants of one car and defendant Miller the occupant of the other car involved. Another person was with Miller as a guest and appeared as a witness at the trial, though not a party to the action.

The accident happened after dark upon a public highway. This highway was 22 feet wide with a white stripe running approximately in the center.

It was the claim of plaintiffs that defendant…