Gousse
Gousse v. Lowe
Opinion
Lead Opinion
Brittain, J.
defendant appeals from a judgment for $1,250 damages for injuries to the plaintiff, found by a-jury to have been caused by the negligent operation of an automobile, owned by the defendant and driven by his chauffeur.
The appellant argues that the physical facts are such as to demonstrate the contributory negligence of the plaintiff, but as there is evidence to the contrary, the finding of the jury is "conclusive. Error is claimed in rulings of the court concerning certain questions asked of jurors and of the plaintiff, the purpose of which, it is argued, was to suggest that the suit was being defended by an insurance carrier of the defendant. The particular questions do not appear to have been objectionable. The jury was instructed to disregard the answers, and if error were committed it was of such a character as not to warrant the reversal of the judgment.
Objection is made to the giving and refusal to give certain instructions upon the rule of respondeat superior. The attack upon them is the same as that upon the ruling of the court in denying nonsuit and in refusing to instruct the jury to find for the defendant. The judgment must be reversed, because under the admitted…