Johnston v. Vukelic

OPINION

Kimball, Justice.

The case involves a highway accident in which plaintiff, Joseph Johnston, a pedestrian, was injured by contact with an automobile driven by Thomas Vukelic, defendant. In plaintiff’s action for damages, the trial, some five years after the accident, was to the court without a jury, and the judgment was for plaintiff and against the appealing defendant on a general finding.

We notice first a contention by appellant that the judgment is erroneous because of a disagreement between the allegations in the petition and the proof. Vukelic’s wife was a co-defendant, and it was…