Jolitz v. Fintch

The action arose out of a collision on the highway of an automobile owned and driven by the plaintiff Wendt with one owned and driven by the defendant Fintch. The plaintiff Jolitz was a guest riding in Wendt’s car. Both Wendt and Jolitz were injured in the collision, and each sued Fintch and his insurer to recover for his injuries, alleging they were caused by negligence of Fintch. On the trial it was admitted that the injuries were so caused and that Wendt and Jolitz were free from negligence.

The only questions submitted to the jury were as to damages. The jury assessed the damages of…