Tomchek v. Mutual Automobile Insurance

Appellants contend that the trial court erred in changing the answers of the jury in three subdivisions of question 9, and we agree.

David Tomchek testified he had ridden with Balkansky many times; that he considered him a good driver and felt that he was driving all right at the time of the accident.

Respondents agree that the evidence is clear as to the causal negligence of Balkansky in all respects found by the jury. As to speed, it was the testimony of the two disinterested witnesses, Mr. and Mrs. Lesperance, who made their estimates on the basis of their own speed of 50 miles per hour,…