Cappo v. Baker

McBRIDE, Judge.

The motor vehicles of the respective parties were damaged in an intersectional collision on the afternoon of October 22, 1953. Plaintiff sued the defendant for the cost of the repairs to his car and the defendant reconvened praying for the amount of his loss; defendant pleads, in the alternative, that plaintiff was guilty of contributory negligence. The trial judge was of the opinion that both drivers were negligent and rendered judgment dismissing both claims. Both parties have appealed.

The accident happened at the intersection of Urquhart and Gallier Streets; plaintiff was…