Yager v. Held

In my opinion plaintiff made a prima facie case against both defendants, and the judgment should be affirmed. The testimony was that each defendant wa,s traveling, at a speed from 40 to 45 miles per hour when the collision occurred. Prior to the enactment of L. 1929, p. 153, c. 158, Mason, 1931 Supp. § 2720-4, that speed was prima facie evidence of negligence. 1 Mason, 1927, § 2720-4 (b). But even though no inference of negligence follows from a speed not in excess of 45 miles an hour, still in view of surrounding circumstances the jury could find that each defendant was negligent and…