Dieruf v. Gollaher

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This appeal is from the trial court’s denial of plaintiff’s motion for a new trial in an action in the district court of the eighth judicial district, wherein a jury verdict and resulting judgment was in favor of the defendant.

The fact situation is unique. The drivers of both vehicles involved in a head-on collision admitted having rather freely imbibed before the accident. The jury was given a full and descriptive account of each driver’s activities during the hours just prior to the accident. On the evening before the accident…