Stanley v. Kawakami

Plaintiff appeals from a judgment on the pleadings entered in favor of respondent Paschote. The action arises out of a collision involving several automobiles which is alleged to have occurred on January 7, 1951. The complaint was filed on March 12, 1951, and respondent was served as Doe One, a fictitious defendant, on April 7, 1951. Respondent filed an answer which consisted of denials and separate affirmative defenses of plaintiff’s negligence proximately contributing to his damage, assumption of risk and unavoidable accident.

The case was set for trial on April 17, 1953, and at the outset…