Baylis v. Diamond Street Omnibus Co.
Baylis v. Diamond Street Omnibus Co.
Opinion of the Court
This suit against the two omnibus companies was brought to recover damages for personal injuries suffered by the plaintiff while she was a passenger in an omnibus belonging to the first named defendant, resulting from a collision of one of the other company’s omnibuses with the vehicle in which she was riding. The right of the plaintiff to recover against both or either of the defendants depended on questions of fact which were solely for the consideration of the jury. Testimony was introduced for the purpose of showing, on the one hand, that the collision was brought about by the carelessness of the drivers of both omnibuses, and, on the other hand, that it was due solely to the negligence of the driver of the Diamond Street omnibus. Each of the companies, respectively, endeavored to prove that the collision resulted solely from the negligence of the other company’s driver. The testimony was more or less conflicting, but it was all proper for the consideration of the jury. It was accordingly submitted to them in a clear and adequate charge which appears to be free from substantial error. The jury
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.