Szymchuck v. Tigar

This is an action of tort in which the plaintiff seeks to recover damages as a result of personal injuries caused by the negligence or gross negligence of the defendant in the operation of a motor vehicle which was in collision with another motor vehicle. The answer is a general denial and plea of contributory negligence on the part of the plaintiff. After hearing the evidence the court found for the plaintiff.

The issue before us arises from a denial of plaintiff’s motion to dismiss defendant’s draft report upon the merits of the case, which was filed December 5, 1935; the trial judge found…