Indiana Court of Appeals, 1929

Walburn v. McGriff

Walburn v. McGriff
Indiana Court of Appeals · Decided January 22, 1929 · McMahan
164 N.E. 926; 88 Ind. App. 708; 1929 Ind. App. LEXIS 39 (North Eastern Reporter)

Walburn v. McGriff

Opinion of the Court

McMahan, P. J.

Appellee recovered judgment against appellant for damages to an auto truck caused by an automobile driven by appellant colliding with such truck. Appellant, conceding his negligence, contends that appellee was guilty of contributory negligence as a matter of law. There is no merit in this contention. The evidence is ample to sustain a finding that appellee was not contributorily negligent.

Judgment affirmed, with ten per cent, penalty.

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