Tinker v. Hirst

The plaintiff: sued the defendant in the first city court for damages to his automobile caused by defendant’s truck colliding therewith on Sunday, February'15, 1925. Defendant did not answer the suit, and a default judgment was rendered. From this judgment defendant appealed, filed an answer denying liability, and, on the issue thus joined, the case was tried de novo by the Court of Appeal. The judgment of the city court was affirmed, and a rehearing was denied. Thereafter counsel, filed an agreed statement of facts, and, basing his application upon this statement of facts and the law…