Nickell

pro tem. — In this action plaintiff sought to recover damages for injuries alleged to have been suffered by her when struck by an automobile negligently driven by defendant.

The defendant answered, denying negligence on his part, and affirmatively alleging that the injuries of plaintiff were caused by her own negligence.

A trial by jury was had and a verdict returned in favor of defendant. From the judgment entered pursuant to this verdict plaintiff appeals, and brings here also for review the order of the lower court denying her motion for a new trial.

The entire controversy here revolves about the instructions given to the jury. Appellant calls specific attention to and rests her appeal upon the lower court’s action with reference to three instructions, one of which was given and the remaining two requested by appellant and not given.

It is settled law in this state that no reversal of a judgment will be ordered by reason of the lower court’s action on the giving or refusal of instructions if it appears from the record that the jury were fully and fairly instructed on all of the points in the ease material thereto. And, further, no reversal of a judgment will be ordered…