Diaz v. Pilcher

Defendant’s attack on the verdict and judgment holding him in damages for the injuries suffered by plaintiff in an automobile accident rests on his contention that under the law of Vermont, where the accident occurred, plaintiff was guilty of contributory negligence as a matter of law. As he concedes, the jury’s finding of his negligence is not subject to attack, since he had left his car on a traveled highway without lights after dark. We agree, however, with the learned district judge that even under the unusually heavy burden apparently resting on plaintiff under local law, the issue was…