Stokes v. Maryland Casualty Co.

GLADNEY, Judge.

In this suit the plaintiff seeks recovery for damage to his automobile sustained when struck from the rear by a tractor-trailer-truck, insured by the defendant. The action was defended on the ground that the sole proximate cause of the collision was the negligence of the driver of plaintiff’s automobile, and alternatively, that said driver was contributorily negligent. Upon these issues the case was tried and judgment rendered favorable to plaintiff for the stipulated amount of damages, the trial judge finding that the sole cause of the accident was the failure of the driver of…