Tokstad v. Lund

The plaintiff was injured when a Jeep which he was operating was struck by a vehicle operated by the defendant Lund. The McKeans were joined as defendants upon the ground that they were Lund’s employer. The court directed a verdict for the Mc-Keans and the jury returned a verdict for Lund. Plaintiff appeals.

The plaintiff contends that the trial court erred in not instructing the jury that the defendant Lund was negligent as a matter of law.

The scene of the accident was near the summit of a pass through the Cascade Mountains. It was snowing and there was packed snow on the highway. A truck had…