Dahling v. Dammann

Frank T. Gallagher, Justice.

After reargument, the opinion of this court dated July 5, 1957, has been withdrawn and the following opinion adopted in lieu thereof.

This is an appeal from an order of the district court granting judgment for defendants notwithstanding the verdict and denying an alternative motion for new trial.

This action was brought by Edward A. Dahling as trustee of the heirs of Rudolph H. Dahling, deceased, to recover damages for the latter’s wrongful death.

The action arose out of an intersection collision between a GMC pickup truck owned and driven by plaintiff’s decedent and…