Opinion
No. 13,275.
Filed January 22, 1929.
From Delaware Circuit Court; Clarence W. Dearth, Judge.
Action by Chester McGriff against Snoden Walburn. From a judgment for plaintiff, the defendant appeals. Affirmed. By the court in banc.
Clarence E. Benadum, for appellant.
John D. Hill, for appellee.
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.