Peterson v. Kessler

We will refer to the parties as they appeared in the trial court where defendants in error were plaintiffs and plaintiff in error was defendant, or by name.

Plaintiffs alleged in their complaint that they suffered personal injuries and damages resulting from an automobile collision February 8, 1953, on U.S. Highway 91 near Spencer, Idaho, and that the careless and negligent acts of defendant were the proximate cause of the accident.

Defendant denied the allegations of negligence on his part, and affirmatively alleged that plaintiffs were guilty of contributory negligence and that any injuries…