Ellenberger v. Fremont Land Co.

This is an action to recover damages for personal injuries sustained on account of being struck by an automobile driven by defendant Nixon, the alleged agent of the other defendants. The accident occurred at about 8 o’clock in the evening of September 3d, 1938, on The Dalles-California highway five miles south of the city of Bend. From a judgment in the sum of $12,122.50 in favor of the plaintiff, the defendants — excepting the defendant L. A. W. Nixon — appeal.

Appellants assign as error the refusal of the court to allow defendants’ motions for a directed verdict based upon the grounds: (1)…