Hernke v. Northern Insurance Co. of New York

There are five principal issues presented by this appeal. They will be considered separately.

1. The Plaintiff s Negligence.

The plaintiff argues that there is no basis for finding any negligence on his part. The plaintiff contends that he was not negligent as a matter of law. Specifically, he urges that the jury’s finding that he was 30 percent negligent as to lookout is untenable.

Mr. Hernke testified as to the great care with which he observed the movements of Mrs. Last’s automobile, and he also testified as to the movements of his automobile in the intersection. If the jury believed his…