Leblond v. Townsley

Plaintiff brought this action to recover damages caused by a collision between his automobile and one driven by defendant’s daughter. The answer pleaded contributory negligence. The court, sitting without a jury, found for plaintiff and gave him judgment in the sum of nine hundred dollars.

Appellant urges as grounds for reversal that the court made no finding on the issue of contributory negligence and that, under the evidence, the only finding possible would be one sustaining that defense.

Where such defense is interposed the court must make a finding with reference thereto. (Tucker v. United…