Weisenmiller v. Nestor

This is an action at law brought by the plaintiff against the defendant to recover damages for personal injuries alleged to have been proximately caused when he was run over on a highway at night by an automobile owned and negligently operated by the defendant.

This is the second appearance of this case in this court. In the first trial in the district court, at the conclusion of all of the evidence the trial court sustained the defendant’s motion for a directed verdict and instructed the jury accordingly, whereupon it returned a verdict for the defendant, and judgment was entered thereon.…