Livingston v. Oakman

Lewis, Justice:

This case arose out of an intersectional automobile collision and resulted in a verdict for plaintiff, from which defendant has prosecuted this appeal. During the trial, defendant’s counterclaim and defenses of contributory negligence and recklessness were upon motion, dismissed by the trial judge upon the ground that there was no evidence to sustain them and the case was submitted to the jury only upon the issue of defendant’s actionable negligence or recklessness. Only the rulings with reference to the counterclaim and defenses of contributory negligence and recklessness are…