¶1(dissenting). Under the evidence it is quite apparent that the maximum safe speed varied with the degree of impairment of visibility and that the conditions as to visibility changed momentarily as the parties proceeded. In view of this proposition and because the testimony showed that the driver did cut his speed to some extent as the fog increased, I do not think that there was any basis in the evidence for a finding of assumption of risk as to speed.
¶2Even if the verdict could properly be considered as sustained by evidence, I would favor granting a new trial in the interests of justice because of the inconsistencies in the verdict. If the driver was not negligent as to lookout, as the jury found, then the jury improperly found that the passengers *623were negligent with respect to failing to warn him. They were no more able to see than he was. If the driver was not negligent as to lookout, the jury improperly found that the passengers assumed that risk. With such lack of understanding being exhibited by the jury with respect to these answers, I do not believe that it should be assumed that the jury understood its duty with respect to answering the questions on assumption of risk with respect to speed.