Halvorson v. American Hoist & Derrick Co.

Kelly, Justice.

Defendant American Hoist and Derrick Company appeals from an order of the district court denying its post-trial motion following a jury verdict finding American Hoist 25-percent causally negligent and plaintiff’s employer, Barton Contracting Company, 75-percent causally negligent. The district court denied American Hoist’s third-party claims of indemnity and contribution against Barton. We hold that American Hoist was not negligent as a matter of law, and we therefore do not reach other issues it raised.

On June 7, 1968, plaintiff, Kenneth Halvorson, was employed by Barton on a…