KUPER v. BETZER

No. 11678.

115 F.2d 842 (1940)

KUPER v. BETZER.

Circuit Court of Appeals, Eighth Circuit.

December 3, 1940.


Attorney(s) appearing for the Case

T. R. Johnson, of Sioux Falls, S. D., for appellant.

Holton Davenport, of Sioux Falls, S. D. (Ellsworth E. Evans, of Sioux Falls, S. D., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and OTIS, District Judge.


OTIS, District Judge.

This was a suit for damages for personal injuries alleged to have been caused by the negligence of appellee, defendant below. The trial judge directed a verdict for defendant on the ground that plaintiff was guilty of contributory negligence as a matter of law. Whether there was error in this direction is the principal question presented.

The plaintiff, appellant here, was injured in a collision between the automobile, a Ford, in which...

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