McCarty v. Weber

There is evidence to sustain all the findings. The most controversial ot these concerns Dr. Finnegan’s lookout. If there is no evidence to sustain that finding then the case must be sent back for new trial because the finding affects the proportions of negligence. The appellant submits that no one can say what Dr. Finnegan saw or did not see, and contends that since he is dead he is presumed to have exercised due care and the mere fact that he collided with the milk truck is not evidence that he was negligent in lookout. However, the weaving of the Finnegan car in and out of its own traffic…