Bishop v. Gaudio

It is not shown here that any improper conduct by defendant Allen, the driver of the automobile, caused or contributed to plaintiff's injury. He was on the right-hand side of the highway, on the pavement, with his automobile under control. He passed the children by the side of the road safely. Plaintiff was not injured by his automobile. Because the driver Allen observed more than ordinary care and caution and slowed his automobile down to pass the children, his automobile was struck by the truck-train of defendants Reynolds Avery, driven by defendant Gaudio. The liability of the Allens is…