Johnson v. Bergquist

Plaintiff appealed from a judgment entered pursuant to an order granting defendant judgment notwithstanding a verdict for $3,000.

Defendant, an employe of St. Louis county, ivas operating a caterpillar 60 horse-power tractor pulling a steel blade grader. The grader was standing Avithin the right of Avay lines on a highway under construction. The tractor had just been hooked or attached to the grader in preparation for doing the work of the day. Defendant left the tractor Avith the motor running, and he and the grader man were adjusting the grader blade, defendant holding the blade Avith a…