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eBook details

• Title: Porter v. Wilson
• Author : Supreme Court of Wyoming
• Release Date : January 28, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This was an action to recover for personal injuries and property damage growing out of an automobile collision. The original complaint was filed by Clarence and Eva Wilson, husband and wife, as joint plaintiffs against W.V. Porter, defendant, who counterclaimed for the loss of his automobile. Later, Tom Porter, defendants brother and a passenger in his car at the time of the accident, intervened, claiming damages against the Wilsons. The pleadings admitted the collision between the two vehicles, and at pretrial the doctor and hospital bills and the damages to each of the automobiles were stipulated. Thus, the only issues remaining to be determined were the responsibility for the wreck and the amount to be awarded for pain and suffering in the event responsibility was established. Upon the trial the court found that the accident was caused by the negligence of plaintiff, Clarence Wilson, and the contributory negligence of defendant, W.V. Porter; judgment was entered dismissing both the complaint of Clarence Wilson and counterclaim of W.V. Porter, but granting Eva Wilson a judgment against W.V. Porter for $1,517.84 and Tom Porter a - Page 310 judgment against Clarence Wilson for $200. Defendant has appealed, urging that the court erred in awarding the judgment in favor of Eva Wilson, hereafter called plaintiff. He argues that she was guilty of contributory negligence so as to prevent any recovery by her. His reasoning is that she was the owner of, and a passenger in, one of the colliding cars, the driver of which was her husband, and the negligence of the husband-driver was imputable to her.

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