Roberts v. Mundy

Clarence William Brooks was killed when the tractor-trailer being driven by him was struck from behind by a tractor-trailer owned by D. E. Roberts, Jr., and being driven by James L. Boone. The administrator of Brooks (plaintiff) brought this action for damages for his death against Roberts and Boone (defendants). A jury returned a verdict for the plaintiff for $35,000 on which the court entered judgment and the defendants appeal.1 They contend, first, that the verdict was contrary to the evidence, primarily in that Brooks was guilty of contributory negligence as a matter of law.

The accident…