Kraskey v. Johnson

On this appeal defendants contend first that since both drivers were found to have been negligent as to lookout and as to no other particulars, and that since the negligence of both is of the same kind and nature, that hence, the ruling must be, as a matter of law, that each contributed 50 per cent to the cause of the accident..

Ordinarily the apportionment of negligence is for the jury. On occasion this court has said that if the negligence of each driver consisted simply in a failure to look and that both of them had equal opportunity to discover each other, it might be that the negligence…