Fahey

This is an appeal by Robert Boen from a judgment in favor of plaintiff based upon the verdict of a jury for eight thousand dollars against both defendants allowed as damages for personal injuries. It was alleged in the complaint that Madden was the owner of a certain automobile and “That the said defendant Boen at the time of the accident herein complained of was driving said motor vehicle with the permission, consent and approval of said defendant, Madden, and while so driving said motor vehicle on the fourteenth day of December, 1917, negligently and carelessly drove the said motor vehicle into and over the plaintiff, knocking him to the ground with great force and violence, breaking his leg and bruising and injuring him to such an extent that it was necessary to amputate his right leg just above the knee, and plaintiff’s leg was in fact by reason of said negligence and carelessness amputated just above the knee.”

The only contention of appellant is that his motion for nonsuit should have been granted for the reason that the only rational conclusion that could be drawn from the testimony for plaintiff is that he was chargeable with contributory negligence. As we view the record…