Hack v. Johnson

It was error to submit the question of the deceased's contributory negligence to the jury. There was no causal connection between the standing of his truck upon the highway and the accident which resulted in his death. The subsequent, independent, intervening negligence of the defendant Johnson and the driver of the Ford automobile was the direct and proximate cause of the accident.

1. The defense of contributory negligence will fail where the relationship of the fault with respect to the accident as a proximate and contributing cause is not a permissible inference under the circumstances. The…