Roby v. Auker

This is an action to recover for damages resulting from an automobile collision. Plaintiff was awarded a jury verdict and .judgment thereon. Defendant’s motion for new trial was overruled, and he appealed to this court, assigning that the trial court erred: (1) In refusing to sustain defendant’s motion for directed verdict; (2) in sustaining plaintiff’s motion to withdraw from the jury defendant’s counterclaim pleaded in his cross-petition; (3) in giving instructions Nos. 5 and 12 respectively; and (4) that the verdict and judgment thereon were not sustained by the evidence but were contrary…