Tollefson v. Ehlers

Dell, Chief Justice.

This action, arising out of an automobile accident, is brought by plaintiff as trustee for the heirs and next of kin of the decedent. Each defendant claimed at the trial that the accident was the result of the other’s negligence. The case was submitted to a jury which found against both defendants and awarded plaintiff $16,897.61. Defendant Neil A. Ehlers did not appeal. Defendant Duane C. Bjelland moved for judgment notwithstanding the verdict or in the alternative for a new trial. From the denial of that motion this appeal was taken.

The accident occurred January 2, 1957,…