Hall v. Weaver

(after stating the -facts as above).

In view of the finding that plaintiff was guilty of contributory negligence in failing to keep a proper look-out, it is apparent the judgment awarding damages to plaintiff is based upon the issue of discovered peril.

Appellant questions the sufficiency of the evidence to raise such issue, but this is without merit.

- Defendant denied he saw plaintiff before the collision, but his denial is not conclusivé of the issue. Under the evidence,'the jury was abundantly warranted in disbelieving such denial and returning an affirmative answer to question 25, under the…