Marcellin v. Osguthorpe

CROCKETT, Chief Justice.

Plaintiff recovered judgment for $860 for damages caused his car when it sideswiped another car and veered across the highway into defendant’s truck, which was stopped alongside the road. It is regrettable, from plaintiff’s point of view at least, that we can see no basis upon which the judgment can be justified.

Upon special interrogatories, the jury found the defendant negligent; but also found the plaintiff negligent in causing the collision. This would ordinarily settle the matter with finality because one cannot recover for an injury caused by his own negligence,…