Krening v. Flanders

Plaintiff appeals from a judgment entered upon a verdict for the defendant in an action for damages for injuries suffered by the plaintiff in an intersection collision between two automobiles.

The principal assignment of error concerns the ruling of the trial court in withdrawing from the consideration of the jury an allegation in the amended complaint which read:

“That defendant Arden D. Flanders was negligent in at least one of the following particulars in that he—

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“5. Driving said automobile at an excessive rate of speed, under the circumstances then and there existing, particularly…