Andelt v. County of Seward

This is an action for damages to an automobile and for personal injuries resulting from an alleged negligently maintained public highway of defendant. At the close of plaintiff’s evidence the trial court sustained a motion for a directed verdict and dismissed plaintiff’s petition. Plaintiff appeals. We reverse the judgment of the trial court and remand the cause for further proceedings.

The issues presented by the pleadings were those of negligence of the defendant and negligence of the plaintiff as the sole cause and as contributory negligence. Here the parties presuppose negligence of each…