Hughes v. McGregor

Citations

• 23 Haw. 156
• 1916 Haw. LEXIS 35

Syllabus

<p>Appeal astd Error — instructions—•directed verdict.</p> <p>Where there is any doubt as to the proximate cause of an injury for which damages are sought, or such injury may have resulted from one of two or more acts of negligence, the question of proximate cause should be left to the jury, and it is error in such case to instruct the jury to find for the defendant.</p> <p>Same — same—same—new trial.</p> <p>Where there is, in an action to recover damages for an injury alleged to have been sustained by plaintiff through the negligent acts of the defendant, evidence from which the jury might find the defendant negligent as alleged, it is error to instruct the jury to find for the defendant, and where so instructed, a new trial will be granted.</p> <p>Negligence — contributory negligence by plaintiff — last clear chance.</p> <p>Although plaintiff may have been guilty of negligence that contributed to the injury of which he complains, yet, if the defendant could have avoided the injury by the use of reasonable care, it was his duty to do so, failing which duty a verdict against him is authorized.</p>