Volume 136 — Indiana Appellate Court Reports

1. INSTRUCTIONS — <italic>Trial — Evidence — Issues.</italic> — Instructions tendered on defenses of joint enterprise or venture where evidence on the essential elements of such defenses is not in the record were properly refused by the trial court. p. 160. 2. INSTRUCTIONS — <italic>Trial — Issues.</italic> — Instructions must be confined to the issues and the evidence, and instructions inapplicable to the evidence are properly refused. p. 160. 3. INSTRUCTIONS — <italic>Trial — Contributory Negligence — Sufficiency</italic> <italic>of Instructions.</italic> — Four instructions given by the court informing the jury that plaintiff, passenger in an automobile, could not recover in the event she were guilty of contributory negligence, were sufficient on the subject. p. 161. 4. DAMAGES — <italic>Excessive Damages — Motor Vehicles — "Whiplash"</italic> <italic>Injury.</italic> — Damages of $7,500 were not excessive for "whiplash" injury to plaintiff who was suffering ten percent physical disability at the time of the trial. p. 161.