Rothgery v. Seaton

*189OPINION

A very simple case was presented. If plaintiff was not guilty of contributory negligence, he was entitled to recover against the defendant if the defendant’s negligence was a contributing proximate cause of said collision, even though the negligence of the driver of the car in which plaintiff was riding was also,a contributing proximate cause of said collision. And if the plaintiff was not guilty of contributory negligence, the only defense to the action was that the collision was caused solely by the negligence of the driver of the car in which plaintiff was riding.

That being the…