Tipton v. Stuart

OPINION

BREWSTER, Justice.

This is a suit for damages for personal injuries sustained by the plaintiff, John R. Tipton, when defendant’s car in which plaintiff was riding as a passenger turned over while being operated by the defendant, George E. Stuart.

The trial was non jury and resulted in the trial judge rendering a take nothing judgment in favor of the defendant. This is an appeal by the plaintiff, Tipton, from that decree.

At plaintiff’s request the court filed findings of fact and conclusions of law. The court therein found that defendant, Stuart, was negligent in that (1) he drove at an…