D'HONDT v. HOPSON

No. 6076.

269 F.2d 759 (1959)

Gertrude D'HONDT, Appellant, v. James Drake HOPSON, Appellee.

United States Court of Appeals Tenth Circuit.

August 6, 1959.


Attorney(s) appearing for the Case

John C. Thurlo, Kansas City, Mo. (Henry G. Eager, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, Mo., and J. W. Mahoney, Kansas City, Kan., were with him on the brief), for appellant.

Robert H. Bingham, Kansas City, Kan., (J. E. Schroeder, Lee E. Weeks, Leonard O. Thomas, J. D. Lysaught, Richard Millsap and Ervin G. Johnston, of Stanley, Schroeder, Weeks, Thomas & Lysaught, Kansas City, Kan., were with him on the brief), for appellee.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff was injured when an automobile in which she was riding was driven off the highway by her husband and overturned. She brought this action to recover damages, alleging that the injuries resulted from defendant's negligent operation of his automobile. One of the defenses was that plaintiff failed to exercise due care for her own safety. The court submitted the issue of contributory negligence to the jury, which returned a verdict...

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