SOURIS, J.
Decision in this case turns upon error committed in the trial court's jury charge prejudicial to defendant's right to trial by jury. Involved here is an attempted rebuttal of a rebuttable presumption, the statutory presumption of negligence which arises upon the happening of a rear-end collision. CLS 1956, § 257.402 (Stat Ann 1960 Rev § 9.2102). The ultimate facts are these:
Plaintiff's truck collided with the rear of defendant's truck...
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