Kirkpatrick v. Damianakes

This is an appeal by defendants from a judgment in favor of plaintiff in an action brought to recover damages for personal injuries sustained in an automobile accident.

It was alleged in the complaint that plaintiff was operating a sedan in a “private street or alley” when the defendant truck driver “so negligently and carelessly operated” a Dodge truck that it collided with the sedan and injured plaintiff. The answer denied any negligence or carelessness on the part of defendants and charged plaintiff with contributory negligence. There was practically no conflict in the evidence produced…