Enyeart v. Swartz

Buckley, D.J.

This action results from a motor vehicle accident on September 7, 1978, at the intersection of Eddy and West Fourth Streets in Grand Island, Nebraska. Plaintiff-appellant, in his petition, and defendantappellee, in his counterclaim, alleged damages resulting from the other driver’s negligence. Neither party alleged contributory negligence as an affirmative defense.

Trial was had to a jury, which found against both parties on their respective claims. Defendant filed a motion for a new trial, which was sustained, and from that order plaintiff appeals.

Plaintiff was operating an…