WEAVER, J.
This is an action by a pedestrian to recover damages for personal injuries sustained when struck by an automobile driven by defendant.
Defendant, for whom the jury returned a verdict, appeals from an order granting plaintiff a new trial.
The motion for a new trial was granted upon the sole ground that the court erred, as a matter of law, when it gave a portion of instruction No. 27 which dealt with the claimed contributory negligence...
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