McCullough v. Ward Trucking Co.

The primary- question in this case is governed by a changeless rule of the common law, written here many years ago and followed since by-most of the courts of the States as well as the courts of the United States. The “12 reasonable men [and women] appointed by the Constitution to determine disputed or doubtful questions of fact” have themselves disagreed. That is some evidence, by itself, that all reasonable persons would not agree with respect- to the conduct of this defendant driver as being negligent or prudent.1

*111• The decisional test comes from the pen of Mr. Justice Cooley, reflected in…