Johnson v. Patterson

This ease grows out of an automobile collision. Plaintiff bases his action upon the “negligence, carelessness, wantonness and maliciousness” of the defendant. The defendant admits the collision, denies carelessness and negligence on his part, and sets up a counterclaim.

The verdict was for the dismissal of the action. Judgment was entered pursxxant thereto, the defendant’s counterclaim dismissed, and the defendant appeals from an order granting the plaintiff a new trial.

The motion for a new trial alleges: that the failure to allow damage's was because of the passion and prejudice of the jury;…