Spackman v. Carson

WOLFE, Justice.

The respondent, plaintiff below, commenced this action to recover damages allegedly incurred when the motorcycle he was operating collided with a truck being driven by the appellant, defendant below. The defendant denied any negligence on his part and alleged that the proximate cause of the plaintiff’s damages was the latter’s own negligence in failing to keep a proper lookout. The sole assignment of error is that the court below erred in denying the defendant’s motion for a directed verdict which was made on the ground that there was no evidence that the defendant was…