Cloer v. Shawver

RAWLS, Chief Judge.

Appellant-Plaintiff Eugene C. Cloer appeals a Summary Final Judgment dismissing his complaint against Appellee-Defendant Alma May Shawver, as Executrix under the Will of Titus Itly Shawver.

The facts are lengthy but necessary. On August 1, 1961, Cloer filed his complaint alleging that by reason of Titus Itly Shaw-ver’s negligence he was injured in an automobile accident. Shawver filed his answer on August 10, 1961 denying any negligence and alleging contributory negligence on the part of Cloer. The court entered its pretrial order on November 28, 1961, setting the cause for…