Houser v. Eckhardt

Plaintiff in error, W. L. Houser, was plaintiff and defendant in error, Wilbert W. Eckhardt, was defendant in the trial court. They will be referred to as “plaintiff” and “defendant” respectively herein.

Plaintiff’s claim for relief is based upon negligence which defendant generally denied. Defendant alleged the affirmative defense of contributory negligence. After trial a defendant’s verdict was returned by the jury. Plaintiff’s motion for a new trial was denied and the cause is here on writ of error.

Plaintiff’s claim arises out of a rear-end auto collision *228which occurred, on August 29, 1962…