Gilmartin v. D. & N. Transportation Co.

The plaintiffs were gratuitous passengers in an automobile owned and operated by the defendant Mary A. Malloy, which while traveling northerly on the Berlin Turnpike in Berlin, at about 1.30 a. m. on September 13th, 1935, was in collision with a truck of the defendant Transportation Company driven by the defendant William Corey, traveling southerly. The plaintiffs sustained personal injuries for which they seek to recover damages.

The defendants Transportation Company and Corey offered evidence and claimed to have proved that when the latter—the driver of the truck—first saw the Malloy car…