Holderfield v. Rummage Bros. Trucking Co.

There is ample evidence of the negligent operation of the truck to require the submission of appropriate issues to the jury. We may assume, therefore, that the court below concluded that the plaintiff was guilty of contributory negligence as a matter of law. It is upon this theory the cause is debated here.

Ordinarily, in actions founded on negligence, the mutual obligations of the parties are so apparent discussion thereof.is not required. But here the “duty” feature of negligence is determinative.

Negligence is a failure to perform some duty imposed by law. It may "be tbe breach of the duty…