Baden v. Globe Indemnity Co.

TALIAFERRO, Judge.

The facts and the pleadings in this case are fully discussed and reviewed in the majority opinion of this court and in the dissenting opinion of Judge Palmer, reported in 145 So. 53, 57.

This court, as then constituted, held that contributory negligence on part of plaintiff’s deceased husband was not made an issue in the ease by the pleadings, and that the testimony of witnesses to the effect that deceased was driving his car at moment of collision with the Johnson car too far to his left side, admitted without objection, did not enlarge the pleadings so as to present the…