Kauffroath v. Wilbur

UDALL, Justice.

Joseph H. Wilbur, plaintiff (appellee), instituted this tort action against defendant (appellant) I. W. Kauffroath, seeking damages in the overall sum of $1,250. These, plaintiff alleged, arose out of injuries to his person and his motorcycle resulting from a collision with defendant’s automobile on the afternoon of August 7, 1945, at a point some four miles east of Phoenix, the intersection of Delano Avenue and East Washington Street.

Plaintiff’s complaint contains only a general allegation of negligence set out as follows : “ * * * defendant * * * so negligently operated said…