Gaulin v. Templin

The complaint alleges that the defendant was negligent and prays for recovery against the defendant for property damage, plaintiff Joseph Gaulins medical expenses, personal injuries and loss of employment, and for loss of consortium by plaintiff Alice M. Gaulin. In answer to this complaint the defendant denied the material allegations of the complaint and affirmatively alleged contributory negligence and unavoidable accident as defenses. The affirmative defense of unavoidable accident was withdrawn by the trial court at the conclusion of the testimony. A jury verdict was returned in favor of the defendant, and the trial court entered a judgment for the defendant for his costs. Plaintiffs motions for new trial and for judgment notwithstanding the verdict of the jury were overruled.