Frager v. Tomlinson

Plaintiff brought this action to recover damages to his automobile which were sustained when a car owned by the defendant and driven by defendant’s brother ran into plaintiff’s car. Defendant counterclaimed for damages to his car. The jury returned a verdict which allowed neither plaintiff nor defendant to recover damages. Defendant has appealed.

The facts are as follows: Plaintiff together with his wife and baby were traveling east on Highway 18. It was snowing and blowing and the highway was extremely heavy. Plaintiff was following another car which was breaking a track through the snow.…