Johnson v. Reliance Automobile Co.

Action for personal injury. The charging part of plaintiff’s amended complaint is as follows:

It is further alleged that the Frank Free above mentioned was, in the original complaint, made a defendant but is not so made in the amended complaint, but that, at the time of the accident, he was “an agent, servant and employee of said defendant corporation, and during all the times herein mentioned acted within the scope of his said employment.”

The answer is a specific denial of the material averments of the amended complaint and alleges “that plaintiff was negligent and careless, and assumed risks and hazards, together with the dangers arising therefrom, in and about the alleged matters in said complaint referred to, which negligence and carelessness and risks and hazards proximately contributed to and caused his alleged injury and damage. ’ ’

At the close of plaintiff’s testimony and also at the close of the evidence in the case defendant’s motion for nonsuit was denied. The cause was submitted to the jury and plaintiff had the verdict.

Defendant appeals from the judgment on the verdict and from the order denying its motion for a new trial.

The facts in the case appear almost…