[Download] "Wolf v. Oleary" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Wolf v. Oleary
• Author : Supreme Court of Montana
• Release Date : January 07, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

AUTOMOBILES ? TRIAL ? NEGLIGENCE ? APPEAL AND ERROR. 1. Trial ? Instructions. No error can be predicated upon an instruction read alone, because test is whether, in light of other instructions given, an instruction, though erroneous, actually prejudiced party complaining. 2. Negligence ? Contributory negligence. In order for contributory negligence to be available as a defense in personal injury action, plaintiffs conduct must amount to a want of ordinary care, which concurring and cooperating with negligent act of defendant is a proximate cause of injury. 3. Automobiles ? Instruction as to contributory negligence error. In action by automobile passenger against ditch digging corporation for personal injuries sustained when automobile ran into ditch, instruction which did not define contributory negligence as want of ordinary care and which did not adhere to strict formula of proximate cause with respect to contributory negligence was prejudicially erroneous. 4. Appeal and Error ? Judgment reversed on error ? new trial allowed. When a case has been submitted on an erroneous instruction, which is prejudicial to defeated party, judgment will be reversed and where it is impossible to say upon what theory or under what part of courts charge verdict is based, error in any one of instructions which is prejudicial and which may have influenced jury entitles unsuccessful party to a new trial. 5. Negligence ? Imputed negligence not proper here. Negligence of driver of automobile in which passenger was riding could not be imputed to passenger.

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