Granger v. Mutual Service Casualty Insurance

After the jury’s verdict, the court ordered the answers to the special verdict changed so as to find that the plaintiff was causally negligent as to management and control and also to reflect that such negligence on the part of the plaintiff was at least equal to that of the driver of the automobile insured by the defendant.

We conclude that the learned trial judge was correct in his first change but in error as to his second.

Upon this record, the trial judge was warranted in concluding that the plaintiff was unquestionably negligent as to management and control. When the plaintiff was 200…