Short v. Chapman Ex Rel. Rhoney

Both plaintiff and defendant offered evidence. Plaintiff assigns as error the denial of his motion for judgment of compulsory nonsuit of defendant's counterclaim made at the close of all the evidence. Plaintiff contends that defendant’s own evidence shows as a matter of law that she was guilty of legal contributory negligence, in that she was driving an automobile with its headlights on low beam, and she failed to keep a proper lookout without regard to the sufficiency of her headlights.

Defendant’s counterclaim or cross-action is substantially the allegation of a cause of action on the part…