Pierce v. Bean

Kimball, Justice.

Plaintiff’s Ford truck and defendant’s Buick coupe were damaged by collision of the two vehicles November 6, 1938, on the Lincoln highway about 3 miles north of Rock River in Albany county. Plaintiff, in his petition, alleged that the collision was caused by negligence of defendant, and defendant in a cross-petition alleged that it was caused by negligence of plaintiff. After a trial without a jury, the judge decided that “the accident in question was proximately caused by the negligence of both plaintiff and defendant,” and rendered judgment against plaintiff on the petition…