Tyson v. Winter

Action on the ease by appellee against appellant for negligently running an automobile upon or against plaintiff's cow. The case was submitted to the jury under the second count of the complaint, and it is urged that this count is indefinite in its averments as to the place of the injury. If it be conceded that the count is subject to this criticism, and that the demurrer thereto should have been sustained, yet it appears from the complaint itself, and the undisputed evidence, that the defendant was personally present at the time and place of the collision, and no injury resulted to him from…