Dillon

This is an action by J. Plunkett Dillon and Rita Dillon, husband and wife, to recover damages for injuries sustained by the wife, occasioned by the collision of an automobile with that of defendant.

Plaintiffs’ complaint alleged a cause of action against defendant for negligence. Defendant, in his answer, denied that he was negligent, and specially pleaded as a defense contributory negligence on the part of Mr. Dillon. Upon these issues the ease was tried before and submitted to a jury. The jury found in favor of the plaintiffs and fixed damages in the sum of twenty-five thousand dollars. Upon motion for a new trial the superior court ordered that ten thousand dollars of the judgment entered upon the verdict be remitted or a new trial would be granted. Plaintiffs remitted all damages in excess of fifteen thousand dollars, whereupon the court denied the motion for a new trial, and judgment for the sum of fifteen thousand dollars was entered in favor of plaintiffs and against defendant. From this judgment defendant appeals, upon the sole ground that the evidence shows that the contributory negligence of plaintiff J. Plunkett Dillon bars both himself and his wife from a…