Kennard v. Palmer

Of course the plaintiff is asking for a reversal of the judgment of the Court of Appeals and an affirmance of that of the trial court. The defendant, on a cross assignment of errors, is asking for final judgment in his favor, for the principal reason that neither the petition nor the evidence discloses wanton or wilful misconduct on the part of the deT fendant at the time of the collision and, in the event final judgment is denied, an affirmance of the judgment of the Court of Appeals.

No motion or demurrer was filed to the petition, but its insufficiency was unsuccessfully challenged at the…