Kempfer v. Bois

Whether the defendant had her car under control is clearly a jury question. She testified that her car was under control until it struck the ice. We find nothing to contradict her testimony. It is considered that the trial court was in error in changing the answer to questions 1 (a) and 2 (a).

On this appeal it was argued on behalf of the defendant that the jury having found the defendant not causally negligent with respect to control, lookout, and speed, there was no showing of negligence because the defendant was on the wrong side of the road. That the burden of proof was upon the plaintiff…