This section contains the nature of the case and procedural background.

P rents cars. P leased a car to Kamman for a four-day period for a fixed sum plus a charge for mileage. Kamman was involved in an accident with an automobile driven by Shepard (D). P sued Shepard (D) for damage to its automobile as the result of the accident. Shepard (D) died after the action was commenced and his administratrix, D, was substituted as defendant. The jury found both drivers negligent, but returned a verdict for P, as directed by the trial court. Judgment was entered and affirmed, on appeal. D appealed on the issue of whether the negligence of Kamman is imputable to P so that P is barred by contributory negligence from any recovery against Shepard (D).

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