Donlea v. Carpenter

1. Defendants’ contention that Donlea’s negligence, as a matter of law, was at least equal to Carpenter’s. The jury must have found Donlea negligent in failing to see Carpenter approaching and in failing, as a result, to yield the right-of-way. The jury may, although there was conflicting testimony, have found that Donlea made a proper stop before entering the intersection. It undoubtedly found Carpenter negligent in failing to see Donlea come out onto the pavement of Highway 14. The evidence may also have justified a finding that Carpenter was traveling slightly in excess of the 3 5-miles…