Gannon v. Kiel

Plaintiff in error brings this suit to reverse a judgment obtained against him as defendant in the court below in an action brought by the defendant in error to recover damages sustained by her in a collision with plaintiff in error’s automobile.

(For convenience, in this opinion, the defendant in error, Mildred Kiel, will be referred to as plaintiff, and the plaintiff in error, Boland Gannon, as defendant.)

The declaration filed by the plaintiff consisted of two counts, the first alleging general negligence on the part of the defendant in the operation of his automobile, and the second…