Klafta v. Smith

CROCKETT, Justice.

The plaintiff sued for injuries suffered when her son’s car, in which she was riding, collided with a cow which had fallen on the highway from the defendant’s truck. The case is here on intermediate appeal to review a ruling of the District Court that the defendant was liable as a matter of law and that the trial should be had on the issue of damages only.

This appeal was granted because the issue presented meets the requirements of Rule 72(b) U.R.C.P. in that the ruling involves substantial rights which will materially affect the final decision and the determination of which…