Stelly v. Fidelity & Casualty Co. of New York

I am unable to agree with my colleagues either in their conclusion that the defendants in this case were negligent or in their finding that plaintiff was free from contributory negligence. I, therefore, respectfully dissent from their refusal to grant a rehearing in this case.

At the time the accident occurred two of the defendants’ farm trucks were being driven in a southerly direction on a rural road, one behind the other, in their proper lane of traffic, at a speed of from 15 to 20 miles per hour, and with their lights burning. The lead truck was being driven by Emile Martin and the…