Opinion
1 Div. 642.
April 16, 1931.
Appeal from Circuit Court, Monroe County; J. S. Williams, Judge.
C. L. Hybart, of Monroeville, for appellant.
The weight of the evidence shows that the collision was due to the negligence of the plaintiff. It was error to refuse charge 2 and also the motion for a new trial. Acts 1927, p. 367.
L. S. Biggs, of Monroeville, for appellee.
Brief did not reach the Reporter.
The action is for damages to plaintiff's automobile resulting from a collision with the automobile of defendant at the intersection of two public highways.
Defendant's refused charge No. 2 seeks to invoke the speed limit provision of subdivision 3, subsec. (b), § 51, Highway Act of 1927, General Acts 1927, p. 367, and its violation as contributory negligence on the part of plaintiff. Its refusal was justified for failure to hypothesize that such negligence "proximately" contributed to the injury.
The evidence presented a clear issue for the jury. No error appears in the court's overruling a motion for new trial on the ground of weight of evidence.
Affirmed.
ANDERSON, C. J., and GARDNER and FOSTER, JJ., concur.