Germon v. Noe

A small truck driven by the plaintiff was in collision with a Ford sedan operated by the defendant, and this litigation ensued. Apparently the jury concluded that both drivers were at fault. The plaintiff appealed, alleging error in the charge.

The first question presented grows out of the refusal of the trial court to submit to the jury the issue of the right of the plaintiff to recover under the doctrine of supervening negligence. The plaintiff had claimed this right in his complaint and in requests to charge. He offered evidence and claimed to have proved that he was driving east toward…