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

Lubliner (P) sued Ruge and Kinerk and Kinerk's wife (Ds) for injuries sustained from an auto accident while P was traveling across a street intersection. The verdict went to D based on the contributory negligence of P in that he entered the intersection against the red light and failed to exercise reasonable care for his own safety. P appealed because the trial court refused P to mention the fact that D was drinking prior to the accident.

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