Schneider v. Dannegger

WOLFE, Judge.

This appeal is one of two in cases arising out of the same accident. Although the appeals were joined for the purpose of briefing and argument, separate opinions appear to be necessary for the sake of clarity.* This is a suit for damages arising out of personal injuries sustained by the plaintiff. The injuries were occasioned when an automobile in which the plaintiff was a passenger was struck by an automobile driven by the defendant. There was a verdict and judgment for the plaintiff in the sum of $4,250.00, and the defendant appealed.

The appellant relies on three points. One of…