Jefferies v. Saalberg

CROSS, Judge.

While riding as a passenger in an automobile owned and driven by one Robert Lee Reese, plaintiff received injuries when that vehicle collided at a street intersection with an automobile driven by defendant Harvey Saalberg. To recover his damages, plaintiff originally sued both drivers as defendants. Prior to trial Reese “settled” with plaintiff and was dismissed from the action as a defendant.

Upon trial the cause was submitted to a jury on the theory that defendant (Saal-berg) either (1) failed to keep a proper lookout, or (2) failed to stop his automobile when he knew or by the…