Wellman v. Noble

WADE, Chief Justice.

Appeal from a judgment granting a new trial as to damages, unless both sides agreed to an addition of $3,000 to a general damage jury award of $2,000 and special damages of $2,500.1 Defendants withheld consent.

Two questions require consideration: 1) Was the court’s refusal to instruct on “unavoidable accident” prejudicial error? 2) Did the court abuse its discretion in granting a new trial? We consider these questions in the order stated.

1) The failure to instruct on “unavoidable accident” was not prejudicial error.

In the rolling knoll country of Nebraska, a truck towing a…