Hicks v. Cramer

J. M. Hicks sued George W. Cramer and his wife, Margaret, for damages sustained in a collision between an automobile owned and driven by Hicks and an automobile owned by Cramer and driven by his wife. The defendants filed an answer and counterclaim. The jury found for the defendants the issues on both the complaint and the counterclaim, but found that the defendants suffered no damage. The plaintiff alone seeks a review.

I. The court instructed the jury on the subject of contributory negligence. The plaintiff claims that this is error because no such issue was presented by the pleadings.

1. It…