Mueller v. Dewey

Lees, C.

Action for damages for injuries sustained by plaintiff in an auto- ' mobile accident. Plaintiff had a verdict and defendant has appealed from an order denying his motion for a new trial.

The complaint alleged that on August 23, 1922, while plaintiff was traveling on a public highway near the city of Crookston, the defendant overtook him and wilfully drove his car against the plaintiff’s, causing it to run off the road and into a ditch and seriously injuring the plaintiff. The answer alleged that plaintiff’s in*175juries were due to his own negligence, that when defendant was passing him…