LAW 604C Lecture Notes - Lecture 9: Southern Railway (Uk), Contributory Negligence, Jury Instructions
Document Summary
Marshall was driving at night on a road narrowed by a railroad trestle supported by large timbers. Another vehicle approaches marshall with bright lights. Marshall runs into the trestle supports and sues the railroad company. Trial court rules in favor of defendant of for a nonsuit. Must be able to stop within range of headlights and thus marshall breached his duty as a motor vehicle operator. Chaffin was driving at night when a car blinded him with their lights. Chaffin reduced his speed and moved to the right lane at which point he struck a truck left in the road. Chaffin sues brame, the owner of the truck. Brame contends chaffin is guilty of contributory negligence as a matter of law. Trial court allows case to go to jury who rules in favor of chaffin. Brame appeals on point of the last aforementioned fact. Affirmed, chaffin not guilty of contributory negligence as a matter of law.
