Bailey v. Zwirowski

The trial judge’s reasons for granting a new trial are stated in a memorandum opinion filed by him as follows:

“Although the question presented is not without difficulty the court after very careful and lengthy consideration finds itself obligated to reach the conclusion that under the facts and circumstances of this case it is not within the province of the jury to absolve the plaintiff from negligence with respect to lookout in not making a further observation as he approached and entered the intersection in question and that the court is duty bound as a matter of law to hold that the…