Litzen v. Eggert

The following opinion was hied April 15, 1941:

Fritz, J.

On this appeal the appellant, Floyd L. Litzen, contends that the court erred (1) in submitting to the jury the question of assumption of risk as to lookout; (2) in refusing to give plaintiff's requested instruction regarding a guest’s assumption of his host’s negligent lookout; and also ■ (3) in entering judgment dismissing plaintiff’s complaint. On the other hand, the respondents, Alfred’Eggert and his insurer, contend that Litzen’s appeal is improper and must be dismissed; that his remedy if any is by mandamus; that the mandate upon the…