Casciato Ex Rel. Casciato v. Rennick

Plaintiff sought damages from defendant claiming defendant negligently overtook and drove his automobile against plaintiff’s motor scooter while both were proceeding in the same direction upon a divided 4-lane highway, thereby injuring plaintiff. Defendant counterclaimed for plaintiff’s negligent damage to his automobile. Trial being to the court without jury; judgment was given defendant on plaintiff’s claim and in favor of plaintiff upon defendant’s claim. Only plaintiff appeals from the. judgment. In consequence, plaintiff stands absolved of negligence.

A sufficient summary of the grounds…