Arnaz v. Forbes

This action was brought to recover damages alleged to have been suffered by the plaintiff by reason of the negligent acts of the defendant in the handling and driving of an automobile. The case was tried before the court without a jury and' judgment entered in favor of the plaintiff. From that judgment defendant appeals. Defendant in his answer pleaded that the plaintiff was guilty of contributory negligence which was the proximate cause of his injuries. The court failed to make a finding upon this plea and that omission constitutes the sole claim for a reversal.

[1] The law imposes upon a…