Rutger v. Walken

This action was brought by plaintiffs, a marital community, to recover for personal injuries to plaintiff wife and property damage claimed to have been sustained as a result of the negligent collision of the automobile of defendant with the automobile of plaintiffs. By answer, defendant denied all charges of negligence and, as an affirmative defense, pleaded contributory negligence. During the progress of the trial of the cause to the court, sitting with a jury, on motion of counsel for defendant all of the testimony of plaintiff wife was stricken. At the close of plaintiffs’ case,…