Tomsel v. Green

Kenworthey, J.,

Opinion by

In this negligence case defendants appeal from the refusal of their motion for judgment n. o.v. The action was for the damage to an automobile owned by plaintiff, Gerald Tomsel. Defendants offered no evidence; their principal contention throughout has been that Tomsel, who was operating the car at the time of the collision, was guilty of contributory negligence as a matter of law. It seems to have been taken for granted by the parties and the court below that if Tomsel was contributorily negligent, Federal Insurance Company, the other plaintiff, would likewise not be…