Frogge v. Nyquist Plumbing and Ditching Company

HOLMAN, Judge.

Plaintiff, Nellie Marie Frogge, was injured when the automobile she was driving ran into a sewer ditch in the street. In this action she and her husband sought to recover $22,500 in the aggregate for her injuries and his loss of consortium. The defendants are Nyquist, the corporation which installed the sewer, and the City of Raytown. The jury returned a verdict for defendants but the trial court granted plaintiffs a new trial on the specified ground that it had erred in giving Instructions 5 and 8. Defendants have appealed.

Upon this appeal each defendant, in addition to…