Gamble v. Stutts

As an affirmative defense to Gamble’s action, defendant alleges these facts: Stutts, in July 1958, instituted an action in the Superior Court of Johnston County to recover from Gamble $10,-500 for personal injuries and property damage sustained by him be cause of Gamble's negligence which caused the collision of May 30, 1958. That action was, on Gamble’s motion, based on diversity of citizenship, moved to the U. S. District Court for trial. Gamble denied the collision was caused by his negligence. He asserted a counterclaim in the amount of $26,500 for personal injuries and property damage…