Aller v. Rodgers MacHinery Mfg. Co., Inc.

(serving by special assignment).

Plaintiff, Robert Aller, appeals from a judgment entered upon an adverse jury verdict and from the order denying his motion for new trial. Plaintiff instituted a law action in the Polk District Court seeking damages from defendant, Rodgers Machinery Manufacturing Company, Inc., for injuries sustained by plaintiff in the operation of a saw manufactured by defendant.

Plaintiff’s petition was in three divisions. In division 1 his claim for relief was based on the theory of defendant’s negligence. In division 2 the claim asserted was based on breach of implied…