Winston v. Weiner

1. Appellant asserts that the trial court erred in failing to submit the question of negligence of defendant Baldwin as to lookout. The court did submit a question as to her negligence with respect to failing to pass Weiner to the right giving him at least one half of the main-traveled portion of the roadway, and a question with respect to management and control. Both questions were answered “No” by the jury. The record shows that when the form of the special verdict was discussed by court and counsel, appellant’s counsel urged submission of the issue of speed but assumed that there would be…