General Ins. Co. of America v. Lewis

WADE, Justice.

Is the driver of a car, which is damaged by being driven into from the rear while stopped by congested traffic ahead, guilty of contributory negligence for failure to drive his car off the traveled portion of the highway or for failure to warn approaching cars that the traffic is stopped? The trial judge as the trier of the fact found that the above mentioned failures constituted contributory negligence and refused to award plaintiff damages on that account. If from the evidence, when considered most favorable to the defendant, it was reasonable to make such a finding, we must…