Carswell v. Greene Ex Rel. Greene

The evidence offered by the parties Avas sufficient to require the court to submit to the jury issues of negligence, contributory negligence, and damages for wrongful death and for damages to the two vehicles involved.

The plaintiff assigns as' Error No. 3 the court’s refusal to non-suit Verne S. Greene’s counterclaim; and as Error No. 9 its refusal to set aside the verdict; and No. 10 to the signing of the judgment. Neither of these assignments can be sustained.

Plaintiff's assignment No. 5 relates to the charge on the issue of contributory negligence. Assignment No. 6 involved the court’s…