Rodenkirch v. Johnson

The issues presented are: 1. Did the trial court err in holding as a matter of law that respondent was not negligent as to speed? 2. Did the court err in holding as a matter of law that the appellant was negligent as to lookout? 3. Did the trial court abuse its discretion in granting a new trial in the interest of justice?

1. Respondent’s negligence as to speed. The appellant contends there is sufficient credible evidence to sustain the jury’s finding, while the respondent claims any inference as to the speed of the respondent drawn from the physical facts is based on conjecture and…