Simmons v. Kalin

This action was instituted by plaintiff, a pedestrian, to recover for injuries alleged to have been sustained by him, about seven p. m., February 6, 1940, as the result of being struck by a sedan automobile, operated by defendant, as plaintiff was traversing the intersection of Trent avenue and Division street, in the city of Spokane. By answer, defendant denied negligence, and pleaded in bar of the action affirmative defenses of contributory negligence and a release executed by plaintiff in consideration of the payment of one hundred dollars. By reply, plaintiff denied the allegation of…