Duffy v. Harden

STUART, Justice.

These two cases combined for trial, oral submission and opinion, arose out of a rear end collision involving three automobiles. They were tried to the court which found for defendant in both actions. The appeals involve the sufficiency of the evidence to support the trial court’s finding that each plaintiff was guilty of contributory negligence and their contention that the doctrine of last clear chance should have been applied as a matter of law. Simmons v. Harden involves the additional issue of the imputation of the negligence of the driver of the Simmons car to the…