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eBook details

• Title: General Ins. Co. America v. Lewis
• Author : Supreme Court Of Utah
• Release Date : January 16, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

WADE, Justice. Is the driver of a car, which is damaged by being driven into from the rear while stopped by congested traffic
ahead, guilty of contributory negligence for failure to drive his car off the traveled portion of the highway or for failure
to warn approaching cars that the traffic is stopped? The trial Judge as the trier of the fact found that the above mentioned
failures constituted contributory negligence and refused to award plaintiff damages on that account. If, from the evidence,
when considered most favorable to the defendant, it was reasonable to make such a finding, we must affirm the judgment; otherwise,
we must reverse it. The defendant, Mark Lewis, respondent here, damaged Samuel P. Park's car by running into it from the rear while it was forced
to stop on the highway by traffic congestion ahead. Plaintiff, General Insurance Company of America, appellant here, Park's
insurance carrier, reimbursed him for such damages and brings this action against respondent under a subrogation provision
of such policy.

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