McAfee v. Overberg

Plaintiff alleged physical injuries received as a result of negligence in the operation of tandem farm wagons hitched to a farm tractor. As a result of falling off the first wagon, a wheel of the second wagon ran over plaintiff’s mid-section. His principal injury was a ruptured spleen which had to be surgically removed. The prayer was for $85,000, which at trial was reduced to $32,500.

Defendant generally denied and affirmatively alleged defenses of contributory negligence and assumption of the risk. Following submission of the evidence, the defendant did not allude to the assumption of risk…