Bergum v. Palmborg

Thomas Gallagher, Justice.

Action by Edward Bergum, plaintiff, for personal injuries sustained by him when he fell while walking over a trap door on the sidewalk adjacent to property belonging to Carl A. Palmborg, hereinafter referred to as defendant. The jury returned a verdict in plaintiff’s favor in the sum of $5,000. Subsequently the court granted defendant’s motion for judgment notwithstanding the verdict, and judgment was entered in favor of defendant November 26, 1952. This is an appeal from the judgment.

On December 10, 1952, Carl A. Palmborg died. On March 9, 1953, letters testamentary…