Ford v. Marshall

MALLARD, Chief Judge.

Plaintiff alleged that his property was damaged and that he sustained personal injuries as a proximate result of the actionable negligence of the defendant in the operation of the defendant’s automobile. Defendant denied negligence and alleged contributory negligence on the part of the plaintiff in the operation of his automobile.

The trial judge submitted only three issues to the jury which were answered as follows:

“I. Was the plaintiff’s automobile damaged and was the plaintiff injured by the negligence of the defendant as alleged in the complaint?

Answer: Yes.

*180II. Did the…