Tognazzini

This action is for damages alleged to have occurred as the result of a collision between two automobiles, one driven by the plaintiff and the other by the defendants. The cause of action pleaded in the plaintiff’s complaint was based primarily upon, the claim that the defendants intentionally and willfully ran their automobile upon and against the automobile of plaintiff. On the other hand, the defendants in their answer, after specifically denying all the allegations of the complaint save and except the happening of the collision, pleaded that the injuries, if any, sustained by the plaintiff as the result of the collision were proximately caused by the negligence and carelessness of the plaintiff; and then counterclaimed against the plaintiff for personal injuries and damage to their automobile, which it was claimed were caused by the alleged carelessness and negligence of the plaintiff.

The case was tried by the court with a jury, and resulted in a verdict for the defendants and against the plaintiff upon the latter’s cause of action, and in favor of the plaintiff and against the defendants on their counterclaim. Judgment was entered in accordance with the verdict, from which…