Rudd Ex Rel. Rudd v. Stewart

Assignments of error Nos. 1 and 2 are to the submission of the issues set out hereinabove and the refusal of the court below to submit the issues tendered by the plaintiff.

The issues tendered by the plaintiff did not include an issue as to the contributory negligence of the plaintiff, as alleged in the answers, but it did include issues as to the contributory negligence of defendant Stewart on his counterclaim and as to defendant Stewart as agent and servant of the corporate defendant on its counterclaim for the recovery of damages to its truck and contents. The plaintiff in his reply to the…