Maxwell v. Kirkpatrick

G. A. Maxwell sued R. G. Kirkpatrick before a justice of the peace to recover for damages claimed to have been caused to his automobile by Kirkpatrick’s negligence. The justice dismissed the suit, upon appeal the circuit judge, trying it without a jury, gave Maxwell judgment for $200, and Kirkpatrick appealed in error to this court.

He insists that the judgment should be reversed and the suit dismissed because (1) there is no evidence of any negligence on his part, and (2) the undisputed evidence shows, as a matter of law, that Maxwell was guilty of contributory negligence which barred his…