Lundell v. Hackbarth

Plaintiff was a rider in an automobile owned and driven by defendant Acker. Mr. Acker was involved in a collision when his car struck the rear end of a vehicle being driven by defendant Hackbarth. When the accident happened, the latter was either making, or preparing to make, a left turn at an intersection. Plaintiff was injured and sued both Mr. Acker and Mr. Hackbarth to recover damages. The jury returned a general verdict for both defendants.

The evidence clearly showed Mr. Acker’s negligence but he was concededly not guilty of wilful misconduct and was not intoxicated. On appeal plaintiff…