Schmidt v. Beninga

Graff, Justice. *

This is an appeal from an order denying plaintiffs’ motion for a new trial.

The sole question on this appeal is whether it was error for the trial court to direct a verdict for defendants at the close of plaintiffs’ case.

The facts giving rise to the accident in this case are unusual. There is relatively little dispute concerning them, but the parties disagree as to what conclusions are to be drawn from such facts. The Farmers Grain Company operates a grain elevator in Marietta, Minnesota. Grain and other commodities were brought to the elevator by farmers in the locality.…