Heldt v. Thompson

Remy, J. —

Appeal from a judgment for appellee on complaint alleging that appellant’s negligent operation of an automobile caused it to collide with and injure appellee’s automobile. Overruling motion for new trial is the one error assigned, and the only questions properly saved and presented relate to the action of the court in giving certain instructions on its own motion, and in refusing to give certain others tendered by appellant.

On the trial, the important issue of fact was as to the cause of the collision, it being a defense of appellant that appellee’s negligence in the operation of…