Emanuel v. Wise

This action was instituted to recover for personal injuries sustained by plaintiff husband and for damage to plaintiffs’ truck, resulting from collision of that truck with a truck operated and owned by defendants. Defendants answered, denied negligence on their part, pleaded contributory negligence of plaintiffs as an affirmative defense, and by cross-complaint sought to recover for damage to their truck and for personal injuries to defendant husband. At the conclusion of plaintiffs’ case, defendants having waived their cross-complaint and the court having discharged the jury, defendants’…