Cotter v. Freeto

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover for personal injuries and property damage resulting from an automobile collision. The defendants demurred to the petition, the demurrer was overruled, and they appeal. Appellants contend, first, that the alleged acts of the defendants, even if construed to be negligent, were not the proximate cause of the accident; and second, that the allegations of the petition show on their face that the plaintiff was guilty of contributory negligence barring recovery.

Omitting formal averments, the allegations of the petition…