Berry v. Haertel

Rogosheske, Justice.

Appeal from a judgment entered pursuant to a jury verdict and from the denial by the trial court of defendant’s alternative motion for judgment notwithstanding this verdict or for a new trial.

On November 7, 1961, the plaintiff, Kenneth Berry, a 47-year-old employee of the city of Minneapolis, was working as a helper on a truck which was used to move heavy metal forms into place ahead of a paving crew and to run various errands for the crew. During November, it was necessary to cover the newly poured concrete with hay during the drying process to prevent freezing. In the…