Myers v. Barnard

Benham, Judge.

After a collision between his motorcycle and appellee’s car, appellant brought suit against appellee, who answered the suit, served interrogatories on appellant, and then filed a motion for summary judgment, the grant of which is the subject matter of this appeal.

Appellee’s defense was that appellant’s injuries were the result of his own negligence, not appellee’s. In support of his motion for summary judgment, appellee filed an affidavit in which he swore the collision occurred when he came upon appellant sitting on a stationary motorcycle without a taillight on a dark street.…