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88 Ind. App. 708

164 N.E 926

Walburn v. McGriff

Indiana Court of Appeals

Decided January 22, 1929

Indiana Court of Appeals · decided 1929-01-22

Decided 1929-01-22

McMahan, P. J.

¶1 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.

¶2 Judgment affirmed, with ten per cent, penalty.

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