Hughes v. Gragg

WHICHARD, Judge.

I

The complaint alleged that defendant-wife, while driving negligently, struck and killed plaintiff’s decedent, who was walking along the side of the road facing the traffic.

Defendants’ answer denied negligence on the part of defendant-wife. It pled contributory negligence on the part of plaintiff’s decedent, in that he suddenly and without warning stepped in front of defendants’ car, creating a sudden emergency in which defendant-wife “acted as any reasonable and prudent person would have done under the same or similar circumstances

Plaintiff replied, pleading that if her…