Platt

The appellant asked for a reversal of a judgment rendered for damages to the automobile of plaintiff, caused by a collision with the rear end of the truck of the appellant, on three grounds:

As to the first proposition, there was sufficient evidence in the record to justify the judgment of the trial court.

As to the second, we cannot find wherein the testimony of the plaintiff and his own witness conclusively showed the plaintiff was guilty of contributory negligence. That was a question for the trial court to determine from all of the evidence in the case before it.

As to the third proposition, there was not sufficient evidence in the record for the court to make a finding that the plaintiff was guilty of contributory negligence which proximately contributed to the injury. No evidence was introduced by the appellant to show such contributory negligence, and there is not sufficient evidence in the record before this court to show such contributory negligence and, therefore, the appellant cannot be heard here to complain that the trial court failed to render a finding against him upon such issue, when it is apparent that such finding, if made, would have been against the…