Stammerjohan v. Sims

Plaintiff instituted this action to recover damages to his automobile resulting from a collision between it and an automobile driven by defendant. The answer denied all negligence and alleged contributory negligence on the part of plaintiff. By way of counterclaim, defendant alleged that he sustained personal injuries and property damage by reason of plaintiff’s negligence. A reply was filed putting in issue the allegations of the counterclaim. The jury found that both plaintiff and defendant were equally negligent and denied damages to either. From the judgment thereon defendant appealed and…