Martin L. Dutcher v. D. C. Ogle

HANNAY, District Judge.

The Plaintiff below (the Appellant here) appeals from the judgment for the Defendant based upon a jury verdict. The action was for injuries received in an automobile-truck collision. The jury found Appellant and Appellee’s truck-driver each guilty of negligence. The issue of “discovered peril” duly plead was timely requested by the Appellant and was refused. The sole question in the appeal is whether such issue should have been submitted to the jury.

Appellant contends that competent evidence had established each element of the requested issue. The Appellee claims that…