McLean v. Continental Baking Co.

Steinert, J. —

Plaintiff brought suit to recover for damages to his automobile resulting from a collision between it and a truck owned by defendant Continental Baking Company and driven by defendant John Nelson. Defendants filed an answer, which included, as part thereof, a cross-complaint by defendant baking company, and in their pleading defendants denied negligence on their part, alleged negligence on the part of plaintiff, and prayed for dismissal of plaintiff’s complaint and for recovery upon the baking company’s cross-complaint. The issues were tried to the court, sitting without a jury.…