Gilbert v. Rothschild

This action is brought to recover damages for personal injuries resulting from defendant’s negligence which injuries are alleged to have been received by plaintiff on January 9, 1935, while riding as a passenger in defendant’s motor vehicle.

A single cause of action is set up in the complaint to recover for all injuries resulting from the accident, immediate, temporary and permanent. The answer contains denials of every allegation of the complaint. As a separate defense and bar to the cause of action set up in the complaint, the answer contained allegations to the effect that, on March 15,…