On appeal from the Supreme Court.
For the appellant, Theodore Strong, Jr.
For the respondents, Charles Stockdell Gray.
The opinion of the court was delivered by
CAMPBELL, J. Appellant's decedent, while riding in a motor car operated by one Blue, received injuries, through a collision between the vehicle in which he was riding and a vehicle of the respondents which was standing at the side of the highway. Such injuries resulted in the death of appellant's intestate.
Suit was brought, under the Death act, against respondents, alleging, against them, and the operator of their vehicle, negligence, the proximate result of which was the collision above referred to and the injury and resulting death of appellant's decedent.
At the trial of such action, three prominent issues of fact were presented for solution, namely:
1. Were the defendants-respondents, or their servants, negligent in the manner in which they permitted their motor vehicle to be and remain upon the highway, and, if so, was such negligence the proximate cause of the happening complained of;
2. Was Blue, the operator of the car in which appellant's decedent was riding guilty of negligence which contributed to the happening; and
3. If Blue was negligent, and such negligence contributed to the happening, then was the legal relationship between him, as the driver of the car, and the decedent, as an occupant, such as to charge the latter, with the former's negligence so as to bar a recovery by appellant.
A trial of the cause resulted in a verdict for the defendants-respondents.
The plaintiff below appeals urging prejudicial and harmful error in the instructions of the ...