Clocherez v. Miller

The appellants contend that the testimony raised a jury issue as to Hubert Clocherez’s negligence with respect to lookout and with respect to management and control of his automobile. A determination of these questions necessitates a review of the material testimony.

The record discloses that the intersection of the two highways was located at the top of a hill. In the construction of the arterial highway east of the intersection, a cut had been made in the hill, leaving a dirt embankment on the north side thereof. A driver from the east must travel upgrade a distance of six hundred fifty feet…