Merritt v. Gardner

OPINION

By STEVENS, J.

This cause is in this court upon error proceedings. There was a collision between automobiles driven by the respective parties. Each brought an action for damages against the other, and the actions were consolidated and tried in one action, which resulted in a judgment that neither was entitled to recover. Merritt alone prosecutes error.

The principal complaint is error in the charge of the trial court upon the burden of proof.

Upon this subject the trial court charged as follows:

“It is necessary in the first instance that a party should show he was free from blame and not…