Voight v. Nyberg

McAllister, c. j.

This is an action to recover damages sustained when an automobile operated by the plaintiff, Richard A. Voight, allegedly was forced off the road and into a ditch by a station wagon owned and operated by the defendant, Willis Nyberg. The jury returned a verdict for the defendant and from the judgment based thereon, plaintiff has appealed. Plaintiff contends that the trial court erred in its instructions to the jury.

The accident occurred on January 17, 1953, on a paved two-lane highway a short distance east of Crawfordsville in Linn county. It was raining at the time of the…