Cudney v. Moore

Opinion by

Mr. Justice Sutton.

This is an automobile accident case involving a rear-end collision which occurred in the City of Denver on August 1, 1962.

The record discloses that plaintiff in error, James Robert Cudney, was a guest passenger in a Volkswagen bus driven by Bruce Hertzler at the time of the accident and that defendant in error, James G. Moore, was the driver of a Ford passenger car that was following the bus. The Hertzler vehicle stopped at an intersection and was struck from the rear by the Moore car. Moore’s defense to the action was that his brakes were in proper working order…