Owen v. Taylor Ex Rel. Taylor

The accident out of which this litigation arose happened near Ontario, Oregon, May 12, 1938. This action was commenced in the district court of Payette County, Idaho, July 15, 1939. February 8, 1940, respondent filed an amended complaint. Appellant answered denying the allegations of gross negligence, but did not plead contributory negligence. The case was tried to a jury; it returned a verdict in favor of respondent for $2500, and judgment was entered thereon. Defendant thereafter gave notice of intention to move for a new trial and later moved for a new trial. The motion was denied.…