Strick v. Stutsman

MANFORD, Judge.

This is an action seeking recovery of damages to a diesel truck transmission upon the alleged negligent operation of the vehicle. Judgment was entered upon a jury award of $3,650.00. This appeal followed. The judgment is reversed.

The parties are hereinafter referred to by their party designation at trial. Appellant, D. E. Stutsman, d/b/a Woody’s Tow Service, was original defendant. Respondent, John Strick, Jr., was original plaintiff. The sole point on this appeal is that the trial court erred in submitting a verdict-directing instruction upon the doctrine of res ipsa loquitur.

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