Finnerty v. Darby

Opinion, by

Mr. Justice Chidsey,

As a result of a collision between an automobile owned and driven by the plaintiff James W. Finnerty and a truck owned by the defendant Carmelétta V. Darby, doing business as Darby Transfer and Storage, and driven by the latter’s employe, Harry Lloyd Cooke, plaintiff brought this action in trespass to recover for personal injuries sustained and damage done to his car. The defendant filed a counterclaim for .dámage *303done to the truck. At the end of a lengthy trial the jury tendered a verdict which read: “Both parties were guilty of contributory negligence”. With…