Mewhorter v. Integrity Mutual Casualty Co.

We have reluctantly concluded that the instruction to the jury relative to Mewhorter’s duty to maintain a lookout to the rear was erroneous, as held by the trial *81court in the January 6th decision, and that the error may well have been prejudicial to defendants. It follows that the court was right on January 6th in ordering a new trial, the subsequent order of January 19th offering options in lieu of a new trial was erroneous whether or not timely made, and the judgment for the plaintiff must be reversed.

There was no evidence that Mewhorter kept any lookout to the rear, and some evidence that…