Ross v. Koberstein

The only point raised on the appeal is that the court erroneously submitted the question of comparative negligence because it compared the negligence of the plaintiff with that of the driver of the automobile, instead of with the combined negligence of that driver and the driver of the truck in which the plaintiff was riding. There was error in this respect, but it did not prejudice the defendants.

The plaintiff was found negligent five per cent as compared to the defendant driver’s ninety-five per cent. But had his negligence been compared with the combined negligence of the two drivers the…