Wilson v. Toliver

STORCKMAN, Judge.

This is the second appeal in a suit for damages growing out of the collision of two automobiles. At the first trial the plaintiff and the defendant each submitted issues of primary negligence as well as humanitarian negligence. The jury found against the plaintiff on her cause of action and in favor of the defendant in the sum of $16,000 on his counterclaim. The plaintiff appealed and this court held that plaintiff’s decedent and the defendant were both guilty of contributory negligence as a matter of law and that the submissions of primary negligence should have been…