Bell v. Harmon

CLAY, Commissioner.

Plaintiff was a passenger in an automobile driven by defendant when it collided with another driven by one Johnson. Plaintiff sued both the defendant and Johnson, and the jury returned a verdict against the defendant, exonerating Johnson.

The sole question on this appeal by the defendant is whether or not plaintiff’s testimony in this suit with respect to the cause of the accident constituted a judicial admission-. that the defendant was not negligent. This question was raised by defendant on a motion for summary judgment under CR 56 and on a motion for a directed verdict,…