Routledge v. Schmitt

BROWN, Justice.

Trespass on the case for damages for personal injury received by the appellee in a collision of the automobile of appellant with that of plaintiff’s sister in which the plaintiff was riding as an invitee. The first count of the complaint ascribes the injury to defendant’s negligence, while the second count charges wantonness. The defendant pleaded the general issue in short .by consent with leave to give in evidence “any matter which if well pleaded, would be admissible in defense of the action,” with like leave to the plaintiff to reply.

The first trial resulted in a verdict…