Farr v. Collins

Eberhardt, Judge.

1. We must agree with the trial judge that as to special grounds 4 and 5 of the amended motion error requiring a new trial is shown. Nowhere in his answer, nor does it appear elsewhere in the record, did the defendant contend that there was any negligence on his part. Rather, his contention was to the contrary. He clearly and explicitly denied all acts of negligence charged against him and then asserted that plaintiff’s injuries resulted from his own failure to exercise ordinary care for his own safety—or, to state it differently, from his own negligence. This we regard as a…