Morton v. Dakota Transfer & Storage Co.

This action is one for damages arising out of a collision of motor vehicles. The issues of negligence and contributory negligence raised by the pleadings in the case were tried to a jury and judgment for the dismissal of the action was entered pursuant to the jury’s verdict. Plaintiff thereafter moved for a new trial. The motion was denied and plaintiff has appealed both from the order denying a new trial and from the judgment.

Plaintiff’s first contention upon this appeal, is that the evidence in the case conclusively establishes actionable negligence on the part of defendant’s employee, that…