Alkus

T his is an appeal from a judgment rendered upon a verdict in favor of the respondent in the sum of five thousand dollars.

The action arose out of an automobile accident wherein plaintiff sustained certain injuries as the result of the alleged negligence of defendant. Such facts as may be necessary to a determination of the appeal will appear hereinafter.

The appellant seeks a reversal of the judgment, and his contentions may be divided into two groups, viz., error in instructions given to the jury, and error in rulings on the admission and rejection of testimony.

The instructions complained of are three in number. The first one reads as follows: “I instruct you that if an accident occurs in which a person is injured by reason of the negligence of two or more other persons and the negligence of each of said other persons proximately contributed to the accident, then all of such persons are jointly and severally liable for any injuries proximately resulting therefrom if the person who was injured was in the exercise of ordinary care, and the degree of negligence which may be attributed to such persons so guilty of negligence is not to be considered by the jury in arriving at a…