Rogers v. Burke

The negligence of the owner and of the driver of the truck was a question of fact for the jury. Its finding has support in the evidence and the judgment in their favor must be affirmed.

The negligence of the defendant receiver was, under the main charge and the various requests, left to the jury on two specifications in substance as follows: Failure of the motorman to use due care (a) before the truck turned onto the track and (b) thereafter.

Specification (a) was properly submitted. We may not say as matter of law that under all the circumstances which the evidence here permitted the jury to…