Miller v. the Star Co.

OPINION

By GEIGER, J.

This cause is before this court on appeal by defendant on questions of law.

The plaintiff-appellee, Charles H. Miller, filed no ixotice of appeal.

The issues in the court below appear from the petition, answer and reply briefly as follows:

The plaintiff alleges that on the 6th day of December, 1934, he received injuries from the negligent operation, by the defendant’s agent, of an automobile; that because of said injuries he was damaged in the sum of $10,000.00, for which he prays judgment.

The answer sets up two defenses.

As a second defense, it is averred that on or about the…