Jacobs v. Draper

Nelson, Justice.

In this action to recover damages for death by wrongful act, the jury returned a verdict against defendant John G. Ralston, d.b.a. Mell-ODee Ice Cream. He appeals from an order denying his alternative motion for judgment notwithstanding the verdict or a new trial.

Ralston is the owner of an ice cream truck from which sales of ice cream are made to the general public. The normal method of operation of the truck at the time of the accident involved herein was for the operator to drive along the street, stop at the curb, and make sales from the truck to persons who might be in the…