Allen v. De Winne

POPE, Justice.

This is an appeal from a judgment for the plaintiffs, Mr. and Mrs. DeWinne, for damages arising out of an automobile intersection collision. The court disregarded the findings with reference to the plaintiff's contributory negligence and gave judgment -for the plaintiffs for $3,416.80.

In passing on whether the trial court properly disregarded the jury finding of negligence on the part of the plaintiff, we have a -two-fold problem: (1) Was there evidence to support the jury finding of failure to keep a proper lookout? and (2) if •so, was the plaintiff under any legal duty to keep…