Raz v. Mills

I am unable to agree with the conclusions reached by the majority for several reasons.

*232First, there is no proof in this case of any negligence on the part of the defendant, as alleged in plaintiff’s complaint, that conld he the proximate cause of the collision of the motor vehicles involved.

Second, it was clearly error for the trial court to fail to withdraw the allegation of speed as negligence from the consideration of the jury, and third, that a proper consideration of the undisputed facts leaves only a legal question, and this court is being remiss in its duty to decide a case which…