Andraski v. Gormley

It is the plaintiff’s first contention that the defendant, from the evidence, should have been found negligent as to management and control. Since a new trial is necessary for other reasons no detailed discussion of the evidence is required on this point. However, we will state that the record discloses that the defendant did not see plaintiff's car until he was within a very short distance of it and did not see the plaintiff at all until after the collision. Under the circumstances the defendant was not negligent as a matter of law with respect to management and control.

It is the next…