Berg v. Collier

This is an appeal from a judgment entered on a verdict of a jury in favor of defendant in a negligence action for personal injuries.

Plaintiff had sought to recover for his personal injuries suffered as a result of his being thrown off a tractor which he was operating on a state highway, in a Northwesterly direction, when the tractor was struck from the rear by the motor vehicle driven by defendant who was traveling in the same direction. The original complaint contained no allegation explicitly charging excessive speed nor violation of any statutory provision concerning speed.

Plaintiff’s…