96 A. 152 | Conn. | 1915
Clearly there was evidence tending to establish negligence on the part of those in charge of the operation of the defendant's car meriting submission to the jury. There was also evidence worthy of the jury's consideration in support of the defendant's contention that the plaintiff's servant in control of the motor-truck failed to exercise due care when he turned across the defendant's tracks with the car approaching. It may be assumed, for the purposes of this case, without so deciding, that this evidence was so conclusive as to compel a finding that he was so negligent. That, however, did not cover the whole field of inquiry for the trier. It still remained to be determined whether this negligence on the part of the plaintiff's driver was such as entitled it to be regarded as a proximate cause of the accident, thereby defeating the plaintiff's right of recovery, or only a remote cause.Nehring v. Connecticut Co.,
There is error and a new trial is ordered.
In this opinion the other judges concurred.