Weckwerth v. Proudfoot

Defendants appeal from the order denying judgment non obstante or a new trial.

On the evening of September 28, 1925, Rietforts Brothers, the owners of a threshing outfit, were moving it on highway No. 13, going south toward Waseca. When within about a mile of the city it was necessary to take water, and the team drawing the water tank was directed to move up to the east side of the steam tractor.

The highway is well graveled. The width of the graveled part was 27 feet, and then a grassy shoulder on each side of from one to two feet to the ditch slope. The drivers, or hind wheels, of the tractor…