Dwarkin v. Johnson

Citations

• 30 Del. 581
• 7 Boyce 581
• 110 A. 44
• 1920 Del. LEXIS 49

Syllabus

<p>Municipal Corporations—It is no Defense That Negligence of Driver of Motor Truck, Which Injured Plaintiff, May Have Been Augmented by Negligence of Another.</p> <p>Where the driver of a motor truck was proceeding in a negligent fashion as he approached a crossing, and negligently drove the truck past another truck, so that by reason of his speed, or defective brakes, or either, he drove onto the pavement and injured a pedestrian, the owner is responsible, even though the alleged negligence of the driver of the other truck augmented the negligence of the driver of the truck striking plaintiff, and such driver acted in an emergency; the rule that a person is not required to exercise the same degree of care in an emergency as otherwise not being applicable to the situation</p>