Kuhn v. Dell

McFADDEN,- Justice

(dissenting).

"' It is necessary to point out that by their answer, the appellants, Edward and Monty A. Dell, not only denied negligence on the part of Monty A. Dell, the driver of the Dell vehicle, but further interposed as an affirmative defense to the complaint, that:

“ * * * Floyd E. Kuhn so negligently and carelessly operated plaintiff’s vehicle that there was a collision between plaintiff’s vehicle and defendant Edward Dell’s vehicle; that the. damages, if any, sustained by the said Roland Kuhn were contributed to and proximately caused by the negligence and carelessness…