Daniel

Plaintiffs are husband and wife and brought this action to recover damages from defendant for injuries to plaintiff’s, F. 0. Daniel, automobile and damages for physical injuries to plaintiff Mrs. Bertha Mae Daniel, as the result of a collision between the said automobile and the automobile of defendant. The case was tried before a jury and resulted in a verdict awarding plaintiff F. 0. Daniel the sum of $185 as damages to his automobile, and Mrs. Daniel was awarded the sum of $7,804.60 as damages resulting from the injuries suffered by her. From the judgment entered upon the verdict de-. fendant, in due time, moved for a new trial, which was denied.

The appellant urges as grounds for a reversal: 1. Reference to an insurance company upon the impanelment of the jury and at other times as being prejudicially erroneous; 2. Plaintiff was guilty of contributory negligence as a matter of law; 3. The court gave an erroneous instruction upon the question of contributory negligence; 4. The court erred in admitting in evidence statements made by defendant prior to the collision.

At the commencement of the trial defendant moved for a continuance upon the ground that his attorney, J. Hampton…