Kist v. Kist

This is an appeal from a judgment in a personal injury action in which Jacob Kist is plaintiff and his brother, Fred Kist, is the defendant.

At the close of the plaintiff's testimony the defendant moved for a dismissal of the case, first, on the ground that there was no evidence to support the complaint, and second, that the undisputed evidence showed contributory negligence on the part of plaintiff as a matter of law. The motion was overruled and the same motion made again at the close of all the testimony was overruled.

Jacob Kist, the plaintiff, lives at Linton, North Dakota, and his…