Good v. Schiltz

The judgment appealed from was entered upon defendant’s default. The question raised is whether or not the pleadings support the judgment. Upon the proof submitted the court found the defendant guilty of gross negligence. Defendant claims that in the complaint which was served upon him ordinary negligence was alleged and that the complaint does not therefore support a judgment for gross negligence. The material allegations are as follows:

“That the automobile driven by defendant was not in a fit condition for operation upon the public highways and that defendant drove said automobile…