Gray v. Lahl

The majority opinion would reverse the trial court for failing to grant plaintiff a directed verdict on the issue of liability and in submitting the case to the jury on all of the facts.

At the outset, it should be noted that plaintiff did not allege that defendant was negligent in operating his truck on a highway not equipped with brakes adequate to control the movement of and to stop the vehicle. Rather, he only alleged the defendant was negligent as to speed, lookout, and control.

The evidence shows that when the defendant truck driver, Siler, was 350 feet from the intersection with a stop…