Chevalier v. Rogers

Peterson, Justice.

Plaintiff sues to recover for personal injuries and property damage sustained in an automobile collision alleged to have been negli gently caused Tby defendant. Defendant asserted as a defense that plaintiff was guilty of contributory negligence and as a counterclaim that the collision was caused by plaintiff’s negligence. Plaintiff appeals from the order denying his motion for a new trial.

The question for decision is whether, in an action wherein plaintiff sought to recover for defendant’s negligence and defendant interposed a defense of contributory negligence and a…