Gerlot v. Swartz

This was an action by appellee Douglas A. Swartz against appellants to recover damages for personal injuries, resulting from a rear end automobile collision. The complaint was in three paragraphs. Appellants’ demurrer to the first paragraph of amended complaint was overruled and appellants answered by general denial. There was a trial by a jury and a verdict returned in favor of appellee Swartz. Appellants filed a motion for a new trial which was overruled.

Appellee’s first paragraph of amended complaint, in substance, alleges that shortly after midnight on the 9th day of January, 1934,…