Humphrey v. Happy

MOORE, Justice.

This is a damage action for personal injuries caused when the automobile driven by plaintiff was struck from the rear by defendant’s automobile February 2, 1966 about 40 feet east of the intersection of West Third Street and Perry Street in Sioux City. From judgment on verdict for defendant plaintiff has appealed. We affirm.

Plaintiff asserts the trial court erred in (1) submitting defendant’s pleaded defense of plaintiff’s contributory negligence which alleged only general negligence, (2) submitting defendant’s claim of sudden emergency, (3) withdrawing the doctrine of res ipsa…