Rosenberg v. Toetly

McQUADE, Chief Justice.

This action for damages resulting from an automobile collision was previously before this Court in 1969, 1 on appeal by defendant-respondent Toetly after a jury verdict for defendant and an order by the trial judge for a new trial. We affirmed the order granting a new trial. 2 Subsequently, a new trial was had in the district court, and again the jury rendered a verdict in favor of the defendant Toetly. Judgment was entered for Toetly based on the verdict. Plaintiffs-appellants Henry and Mary Rosenberg now appeal from a denial by the trial court of their motion for a…