Kaake v. Lott

Plaintiff was injured while riding a bicycle which was struck from the rear by an automobile operated by defendant. A jury having found in plaintiff’s favor, defendant successfully moved for judgment notwithstanding the verdict and, in the alternative, a new trial, contending that the evidence was insufficient to support the verdict and that the court erred in instructing the jury on the doctrine of the last clear chance. The court’s decision was preliminarily reflected by a minute order which, as to the motion for new trial, recites that the same is granted because of the insufficiency of…