Drake v. Farmers Mutual Automobile Insurance

The principal issue on this appeal is whether there is any credible evidence to sustain a jury determination that Drake was negligent in respect to speed and consequently forfeited his directional right-of-way.

The trial court found both parties negligent with respect to lookout as a matter of law. This finding is amply supported by the evidence. Miss Holewinski testified that when she entered the intersection traveling at. a speed of five miles per hour, she saw Drake’s car at the crest of the hill to the north, 450 feet from the intersection. Since Miss Holewinski traveled a distance of only…