Cummins v. Southern Fruit Co.

Tbe appellants base their contention that plaintiff was contributorily negligent very narrowly on the fact that he did not stop or cut down his rate of travel, which was not unlawful, when meeting and passing another car, about 25 feet from the defendants’ truck, which was parked without lights or flares in the center of the right-hand lane over which plaintiff had the right of way. At that point, defendants contend, the plaintiff ivas momentarily blinded by an approaching car; and his negligence in not stopping is therefore a contributing approximate cause of his injury. A much broader view…