Borgstede v. Waldbauer

WESTHUES, C.

Respondent, as the widow of Louis Borgstede, obtained a judgment against appellants in the sum of $10,000 for the death of her husband caused by the alleged negligence of Waldbauer. From this judgment both defendants appealed.

The case was submitted to the jury under the humanitarian doctrine. Appellant, G. H. Wetterau & Sons Grocery Company, assigned as error the refusal of the trial court to give an instruction in the nature of a directed verdict. The reason assigned was that the evidence failed to show that appellant, Waldbauer, was, at the time of the accident, acting in the…