Swartz v. Sommerfeldt

The only question presented on this appeal is whether defendant’s negligence in either of the respects found by the jury was causal as a matter of law.

Both items of negligence found by the jury are grounded in defendant’s failure to observe the proximity of the plaintiff’s car before he made his turn. The jury must have believed that a proper observation would have disclosed plaintiff’s presence; otherwise it could not have found defendant negligent of deviating from his lane of travel “without first ascertaining that such movement could be made with safety to other vehicles approaching from…