and that he did not operate said motor vehicle in a cautious and prudent manner under the circumstances. Said accident was caused by the joint concurrent negligence of Barringer and the operator of the tractor-trailer truck of the Roadway Transit Company.
In addition thereto, under the provisions of the Act of May 1, 1929, P.L. 951, Article 8, Section 801, its supplements and amendments, 75 Purdon's Penna. Statutes Annotated, § 351(d), it is provided that "Every motor vehicle, and every trailer or semi-trailer attached to a motor vehicle, and every vehicle which is being drawn at the end of a combination of vehicles, shall carry at the rear a lamp of a type which at the time of its use is approved by the secretary, and which exhibits a288, 138 A. 830; Lobert v. Pack, 337 Pa. 103, 9 A.2d 365.
I do not believe that fair and sensible men could differ in reaching the conclusion of fact that Stafford had just and reasonable cause to believe that Barringer was more able, qualified, and physically capable to drive the motor vehicle on the return trip from Buffalo. Stafford knew that Barringer was well acquainted with the highway between Buffalo and Erie; that Barringer was in the habit of working at nights and as a result of which drowsiness or lack of sleep would not physically affect Barringer in the same manner that it affected Stafford. Also when the car was placed in control of Barringer, the owner Stafford intended to go to sleep, which he did throughout