Wendelin v. Ross

In the district court the plaintiff recovered verdict and judgment against the defendants, who are plaintiffs in error here.

The action, as originally instituted, was based upon the alleged negligence of the defendants in connection with an automobile collision causing injury to the plaintiff. The answer charged the plaintiff with contributory negligence. These issues of negligence and contributory negligence were the only issues at the time the evidence was taken.

Among the assignments of error is one which in my opinion entitles the defendants to a new trial. It points out the alleged error…