Smith v. German

Opinion by

Mr. Justice Roberts,

This appeal grew out of a suit by appellant and countersuit by appellee over injuries both sustained in a serious auto accident in 1962. The jury concluded that both were negligent and therefore relief was denied to both. This appeal is taken only on behalf of litigant Smith who presents several reasons why he is entitled to a new trial in the action in which he is a plaintiff. Since we conclude that one of these grounds is indeed meritorious, we vacate the judgment of the court below and remand for a new trial in Smith’s action against German.

One of the elements…