Harmon v. Southwell

Townsend, Judge.

It is contended by demurrer that the defendants could not have been “jointly and concurrently” negligent in abandoning the truck on the highway in the face of approaching darkness without lights, flares or warnings, for the reason that Southwell and the driver were independent contractors and one or the other, but not both, must therefore have been in charge of the vehicle at the time. We deal only with this allegation of negligence because (a) Southwell had no part in the original act of stopping the vehicle on the highway, and (b) the evidence demands a finding that…