Gelbke v. West N. O. Lt. & T. Co.

CHARLES P. CLAIBORNE, JUDGE.

This is a damage suit resulting frotó a collision. The ^plaintiff alleges that on May 2?d. at 8:30 A. M. «hile he «as driving his automobile over the track of defendant comoany, one of its cars negligently ran into his automobile from, the rear, and so damaged it as to render it worthless-, and he sues for its value.

The defendant answered that it was in no manner guilty of negligence, but that the plaintiff contributed to the accident by his negligence and want of care.

There was judgment for the plaintiff and the defendant has apoealed.

The facts are as follows:

Betwe…