Smith v. Babcock

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This appeal is from a jury verdict in the First Judicial District, County of Lewis and Clark, denying recovery to the plaintiff on his complaint and to the defendant on his counterclaim. Plaintiff appeals from a judgment on the jury verdict and the trial court’s subsequent denial of a new trial.

The action involves a collision of two automobiles, one owned by the plaintiff Everett E. Smith, hereinafter referred to as “Smith,” the other owned by defendant Edward E. Babcock, hereinafter referred to as “Babcock.” The collision…