Schroeder v. Wells

Action for personal injuries. Upon a trial nisi, the defendant had a verdict from the jury. Motion was filed by plaintiff asking for a new trial, and this motion was sustained and a new trial granted. Prom such order the defendant takes this appeal. The pleadings are thus tersely outlined by appellant:

“The amended petition counts upon the following assignments of negligence: (1) negligent failure to keep a vigilant watch and stop the car in the shortest time and space possible, in violation of the ordinance; (2) negligent operation of the car at a high, excessive, dangerous and unreasonable…