Pagel v. Holewinski

The following issues are raised on this appeal:(1) When the physical facts after an accident are such as to give rise to more than one inference, is the jury permitted to base a finding of causal negligence upon an inference drawn from such physical facts and thereby reject testimony to the contrary of the only eyewitness who testified as to how the accident happened?(2) Was the defendant Holewinski entitled to the benefit of the emergency rule as a matter of law ?(3) Was the apportionment of negligence based upon conjecture and speculation so as to require that it be set aside ?(4) Although…