Wiester v. Kaufer

OLSEN, Justice.

Defendant appeals from an order denying his alternative motion for judgment or a new trial.

The action is brought by plaintiff as special administratrix of the estate of W. W. Johnson to recover damages for his death, claimed to have been caused by negligence on the part of the defendant in operating his automobile.

Defendant contends that the evidence is insufficient to sustain the finding by the jury that defendant was negligent, and claims that the evidence conclusively shows that the deceased was guilty of contributory negligence. On the evidence here presented the questions…