Hodges v. Davis

The plaintiff was knocked down and injured by an automobile owned by defendant and driven at the time by one of defendant’s employees, and he brings this suit to recover damages. He alleges that the driver of the car was grossly negligent in its operation and disclaims any fault or negligence on his part.

As a defense, the defendant sets up gross negligence on the part of plaintiff, it being allege.d that his automobile was being driven in a careful manner, that his driver .was altogether free from fault, and that plaintiff, without looking, stepped in front of the car when it was so near him…