Gumley, Admr. v. Cowman

The lower courts were agreed that on the single question as to the negligence of the defendant there was evidence requiring submission to the jury. The basis for this view was the testimony of several witnesses to the effect that the light on the rear of the truck was not burning. They also quoted the defendant, Cowman, as admitting that he had stopped because the rear light was out of repair. This was denied by the defendant who insisted that he had stopped for the purpose of inspecting his load.

However, on the question of contributory negligence the lower courts held that the plaintiff’s…