Evelyn Lundberg, Administratrix of the Estate of Stanley A. Lundberg, Deceased v. Rose Fuel & Materials, Inc.

HASTINGS, Chief Judge.

I concur in the result reached in this case.

I do not agree that the trial court erred in refusing to give plaintiff’s tendered instructions Nos. 9 and 10. No. 9 merely is an abstract statement of the law that the operator of a motor vehicle upon a public highway is required to maintain a reasonable lookout for other traffic on the highway and that failure to do so would constitute negligence. No. 10 is a peremptory instruction based upon the same rule applied to this case.

The jury answered three special interrogatories favorably to defendant, as follows:

“Interrogatory…