Consolidated Traction Co. v. Hoimark

This suit (like that of Charles Lambertson, just decided), was brought for personal injuries received in a collision between a car of the defendant and a horse and wagon driven by Charles Lambertson, and in which the plaintiff was riding.

Aside from the matters discussed in the case of Charles Lambertson, the only point calling for mention is the alleged refusal to charge that the contributory negligence of the driver was imputable to the plaintiff.

The sole ground on which the plaintiff could be charged with the driver’s negligence was that, at the time of the collision, the driver was a…