This section contains the nature of the case and procedural background.

Colton (P) alleged that Benes (Ds) caused an auto accident at an intersection. P claimed that D failed to keep a proper lookout; failed to keep his vehicle under reasonable control; failed to yield the right-of-way to P's vehicle driven and failed to give timely warning of his intention to usurp the intersection. Ds alleged contributory negligence on the part of P in that P failed to keep a sufficient lookout; that he failed to keep his vehicle under reasonable and proper control; that upon seeing the approach of D's vehicle he failed and neglected to timely apply his brakes to avoid colliding with it; and that he failed to turn to the left so as to avoid the accident. The trial court submitted the issues as to the negligence of Ds and the contributory negligence of P with the usual instruction permitting the reduction of the amount of the verdict in case the jury should find P guilty of slight contributory negligence and the negligence of Ds gross in comparison therewith. P got a verdict for $3,376.40 and filed a motion for new trial which was overruled. P appealed.

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