Ross v. Sherman

Action for damages. Defendants are husband and wife. Plaintiff, a pedestrian, alleged he was injured by an automobile, owned by the husband, driven and negligently operated by the wife. Defendants, claiming no diversity of responsibility, denied negligence, and pleaded want of care on part of plaintiff, contributory negligence and unavoidable accident. Plaintiff replied in denial, and pleaded the “last clear chance” doctrine. At close of plaintiff’s case, nonsuit was granted and judgment of dismissal followed. Error is assigned.

The occurrence was at the intersection of Fourteenth avenue and…