Budish v. Villaume Box & Lumber Co.

Action for personal injury wherein defendant had the verdict, and plaintiff appeals from the order denying a motion for a new trial. Defendant Gieseke was driving the car which caused plaintiff’s injuries. Defendant Villaume Box & Lumber Company, a corporation, was his employer; so he can be conveniently referred to as though he were the only defendant.

Plaintiff had parked his car within six to eight inches of the right-hand curb on the busiest part of Fourth street in down-town St. Paul at about ten a. m. of May 14, 1929. His right front tire was flat. He was jacking up the wheel preparatory…