Watts v. Moussette

This is a guest case to recover $15,000 for personal injuries alleged to have been received in an automobile collision. On trial to a jury verdict went for defendants. Plaintiff's motion for a new trial was sustained and defendants appealed.

The trial court at the time a new trial was granted filed a memorandum stating the reasons for sustaining the motion as follows: "Instruction No. 3 offered by and given upon behalf of the defendants submitted general negligence when specific negligence was pleaded. It was broader than the pleadings and broader than the evidence; The court erred in giving…