Hoy v. Tornich

FINCH, J., pro tem.

This is an appeal by the defendant from a judgment against him for damages alleged to have been caused by his negligent operation of an automobile. The answer denied that the defendant was negligent and, as a separate defense, alleged that the plaintiff’s injuries were “proximately caused by the negligence of said Hugo Eric Hoy in this, that . . . said Hugo Eric Hoy carelessly and negligently ran directly in front of the said automobile . . . and . . . carelessly and negligently failed and neglected to avoid said accident and said injuries.”

At a point on the highway between…