Gavin v. Tinkler

The personal injuries on account of which the plaintiff obtained a judgment, on the verdict of a jury, were suffered in consequence of a collision which occurred at night when the driver of a motor truck, who was accompanied by the plaintiff, attempted to pass the defendant’s truck from the rear. The principal questions raised at the trial were whether there was legally sufficient evidence of primary negligence on the part of the defendant’s truck driver, and whether contributory negligence of the plaintiff was conclusively proved.

When the accident happened, the two trucks involved in it were…