Fontaine v. Mason Dixon Freight Lines

This action was brought in the Circuit Court of Hamilton County by George Fontaine, Jr., for the use and benefit of Travelers Insurance Company, to recover by right of subrogation the amount paid by Travelers to plaintiff, its insured under a collision policy covering a 1958 Mercury stationwagon owned by Fon-taine. The Circuit Judge, sitting without a jury, found the driver of defendant’s truck guilty of negligence in stopping on the wrong side of the highway, but dismissed the suit on the ground that plaintiff’s wife who was driving the stationwagon was going too fast in rounding a sharp…