Walls v. Forsyth

STEAGALL, Justice.

Tony Ray Walls sued Ohmer Judson For-syth, alleging negligence and seeking to recover for damage he sustained when his automobile collided with Forsyth’s truck. Forsyth counterclaimed, also alleging negligence. The parties stipulated as to the amount of loss each suffered from the collision; thus, the only issue to be tried was liability. After a nonjury trial, the judge ruled that neither party could recover from the other, because each had been negligent in causing the accident. Walls's motion for a new trial was denied, and he appeals.

Where the evidence in a trial is…