Powers v. Joint School District No. 3

Reversal of the judgment for the defendant is sought on the grounds (1) that there is no credible evidence to sustain the jury’s finding that the negligence of the bus driver Anderson with respect to lookout was not a substantial factor in causing the injury, and (2) that there was prejudicial error in one of the court’s instructions to the jury. We find no error, however, and so must affirm.

1. Causation. There was considerable conflict in the testimony pertaining to the question of lookout. Several wit nesses testified, not consistently, to the presence at various places of children whom…