Allen v. Kavanaugh

This is an action for property damage resulting from the collision of two automobiles. Plaintiff pleaded that the sole and proximate cause of the collision was the negligence of the defendant. Defendant pleaded that the negligence of plaintiff caused the accident.

Trial was had. At the close of plaintiff’s case-in-chief, and at the close of all evidence, defendant moved for a directed verdict. The motions were overruled.

The trial court submitted the cause to the jury upon issues of negligence of the defendant and proximate cause, and upon the issue of contributory negligence. The jury returned…