Merrill v. Tropoli

WILSON, Justice.

A negative finding in answer to an issue as to whether defendant failed to keep a proper lookout in this rear-end automobile collision case was disregarded by the trial court. Defendant appeals from a judgment for plaintiff on the remainder of the verdict. We affirm.

Defendant’s contention is that there was evidence to support the negative answer in his favor on the proper lookout issue. No other ground of negligence was submitted or requested. The testimony relied on is that of an investigating officer who arrived after the collision, and that of plaintiff who testified he…