Minkel v. Bibbey

The trial court set aside the jury’s finding that Mickelson was negligent as to lookout on the ground that there was not sufficient evidence to sustain such finding. No question inquiring as to whether Mickelson was negligent with respect to management and control was submitted to the jury and there was no request by plaintiff’s counsel that such a question be submitted in the verdict.

The facts in this case give rise to an almost irresistible inference that either Mickelson did not keep a proper lookout, or else he failed to so manage and control the car as to avoid colliding with the other…