ISSUE:
Whose negligence was the real or substantive cause of the accident?
There can be three instances:
(1) The driver of the bus was alone responsible for the accident; (2) the deceased alone was responsible; and (3) both were responsible, as negligence of both substantially caused the accident.
RULE:
Negligence of both the parties occurred simultaneously so as to make it impossible to say with assurity that either could have avoided the consequence of the others negligence and both parties must be held to have substantially caused the accident.