Trepanier v. Walker

Plaintiff brought an action to recover for injuries suffered in an automobile accident. She appeals from a judgment for defendant entered pursuant to a jury verdict.

Plaintiff was a passenger in a vehicle operated by her son which collided on a narrow country road with a vehicle operated by defendant which was traveling in the opposite direction. Each driver contends the other was on the wrong side of the road.

Plaintiff first assigns as error the trial court’s failure to give the following requested instruction: "When the negligence of two or more persons concurs in causing damage to another,…