West v. Standard Fuel Co.

Defendant prosecutes this appeal from a judgment rendered against it on account of damages to plaintiff’s automobile. The cause was tried to the court sitting without a jury. Defendant attacks the judgment appealed from upon two grounds, viz.: (1) Failure of the trial court to find upon one of the material issues raised by the pleadings and evidence; and (2) failure of the trial court to find, as a matter of law, that plaintiff was guilty of contributory negligence which proximately contributed to the complained of injury. The negligence charged in the complaint was that the defendant on…