Hill Grocery Co. v. Caldwell

The suit arose out of an automobile collision, and the case was submitted to the jury on the count for simple negligence. . ,

Demurrer to the several counts being overruled, a plea of the general issue, in “short by consent,” was interposed. The claim of persona] injury was eliminated on the trial'by plaintiff testifying:

“Just as I cleared the street car tracks, something struck my car and just knocked it around towards the side. * * * It jolted me up; didn’t hurt me. Did. not have any physicial hurt on me and I don’t claim any.”

And damages for deprivation of the use of the automobile during…