De La Motte v. Rucker

Defendant appeals from a judgment in favor of each of the plaintiffs who are husband and wife, in the aggregate amount of $4,450. The action arose out of a collision of the automobiles of the plaintiffs and defendant. The husband only will herein be referred to as the plaintiff. Defendant grounds his appeal upon the claim that the record shows no negligence on his part, but that on the contrary it establishes the contributory negligence of the plaintiff. The case was tried before a judge pro tempore without a jury.

The accident occurred on the 27th of August, 1940, about 6:35 o’clock p. m. on…