Falls v. Mortensen

The plaintiff, a pedestrian, recovered a verdict and judgment for general, special and punitive damages separately assessed against the driver of an automobile which struck him down while he was crossing the street at a point other than an intersection. Defendant appeals.

The principal issues in the case relate to the pleadings, proof and instructions concerning alleged wanton misconduct of defendant and the effect thereof on the defense of contributory negligence.

In a second amended complaint as further amended on the day of trial, plaintiff alleged, in substance, the following: That…