Dierksen v. Hollingworth

Plaintiff Hollingworth sued the defendant Dierksen for damages growing out of a collision between their automobiles. Judgment was asked for §6,250 for personal' injuries and §250 for damage to plaintiff’s automobile. The jury returned a verdict for plaintiff for §875, on which judgment was entered. Defendant appeals.

Defendant first contends that the court committed error in overruling the demurrer to the petition. This contention is without merit. The elements of actionable negligence are (1) a duty upon defendant to protect the plaintiff from injury, (2) a failure of the defendant to perform…