Abercrombie v. Maryland Casualty Co.

TATE, Judge.

The plaintiff Abercrombie appeals from dismissal of his tort suit after trial on the merits. The chief issue in this court is whether the trial court erred in its appreciation of the factual evidence.

The plaintiff Abercrombie’s Falcon automobile was struck by a pick-up truck owned and operated by Lindsey, the defendant Maryland’s assured. The plaintiff contends that negligence on the part of Lindsey in speed or lookout was a contributory cause of this accident.

The trial court found that the sole proximate cause of the accident was the negligence of a third person, Howell; that the…