Grengs v. Erickson

Peterson, Justice.

This is an action for wrongful death in which it is claimed that decedent’s death was cansed by the negligent operation of an automobile driven by defendant Wayne Erickson and owned by defendant Clara Erickson. After verdict for plaintiff, the court granted defendants’ motion for judgment notwithstanding the verdict.

Only one question is presented for decision, viz., whether a defendant’s testimony must be accepted as true where he is contradicted as to some matters and where he is evasive as to others.

The accident occurred on the evening of November 10, 1945, while Wayne was…