Byrd v. Grace

1. Questions of diligence and negligence, including contributory negligence, lie peculiarly within the province of the jury, and the courts will decline to solve them as a matter of law except in plain and indisputable cases. In the exercise of this function the jury is the proper tribunal to determine also the question of proximate cause and to ascertain what negligence, as well as whose negligence', should be said to have produced an injury the cause of which is a subject of controversy upon such grounds. In the instant suit for damages for injuries sustained by the plaintiff in a collision…