Stabile v. D. & N. Transportation Co.

A truck driven by the plaintiff collided in the night time with the rear of one owned by the defendant D. & N. Transportation Company and operated by the defendant Maddocks. The trial court rendered judgment for the plaintiff against both defendants, and they appealed, assigning as error the conclusion that the plaintiff was free from contributory negligence. They seek corrections in the finding, and claim that upon the finding as corrected the plaintiff was plainly guilty of contributory negligence in failing to keep a proper lookout and to keep his truck under proper control.

The burden of…