Cabiniss v. Andrews

CORN, Justice.

Plaintiff sued to recover damages for personal injuries sustained in a collision *181between a milk delivery truck which he was operating and a passenger car driven by defendant. The defendant was charged with negligence in driving at an excessive rate of speed; operating his car in an improper manner and without proper brakes; failing to keep a proper lookout; recklessly driving into plaintiff’s path, making it impossible for plaintiff to avoid the accident, but which defendant could have avoided by exercise of ordinary care; and driving in violation of applicable city ordinances.

De…