Dragan v. Grossman

This is an automobile accident case in which the two paintiffs recovered judgments, the defendants appealing. The grounds of the appeal are rulings on evidence and the charge of the court.

We discover no error in the rulings on evidence, but we think there was error in the charge wherein the learned trial judge said:

“I do not recall, as I see the pleadings here, that there is any allegation of contributory negligence as a defense. The pleading and the answer in this case is an allegation that this accident, first, was not the fault nor caused by the negligence of this defendant. And second,…