¶1(specially concurring). I concur in the affirmance of the judgment. The record discloses that this ease was fairly tried and fairly submitted to the jury for a special verdict. The trial court submitted the proposed interrogatories to both parties for their sug*136gestions and amendments. Both parties were satisfied witli tlie -interrogatories as proposed and submitted to tbe jury. Both parties, likewise, were satisfied with tbe instructions given by tbe trial court to tbe jury.
¶2I am satisfied that tbe questions of tbe negligence of tbe defendant and of tbe deceased were questions of fact for tbe jury; that tbe findings as made by tbe jury have support in the evidence and warrant tbe judgment rendered by tbe trial court.