Newton v. Altman

FOSTER, Justice.

This is an action by appellee’s intestate, tried while he was alive, who died after the judgment was rendered.

The complaint claims damages resulting from a collision of the plaintiff’s car in which he was.riding, driven by his son, with that of defendant, which he was driving. The complaint was in counts 1 and 2, simple negligence and wanton injury, respectively. Both claim damages to plaintiff’s car in addition to other items.

At the time of the trial, counts A and B were added. No action was taken by the court as to counts 1 and 2, after such amendment. In charging the jury…