Banbery v. Lewis

The opinion of the court was delivered by

Parker, J.:

This is an action to recover damages for personal injuries, alleged to have been caused by the negligence of two defendants, in a three-way automobile accident on a public highway. The plaintiff recovered against both defendants, one of whom appeals from the judgment and from orders of the district court refusing to grant him a judgment against his codefendant.

In order to insure a proper understanding of the facts and issues it will be necessary to detail the pleadings at some length.

The amended petition, hereafter called the petition,…