Ristau v. Riley

Peterson, Justice.

Appeal from an order denying plaintiff’s motion in the alternative for judgment notwithstanding the verdict for defendant upon his counterclaim or for a new trial.

The questions for decision are:(1) Whether plaintiff is entitled as a matter of law to recover in an intersection automobile-collision case, where there is evidence to support the conflicting claims of the parties that each entered the intersection first under such circumstances that it appeared at the time that there was no imminence of a collision with the other, but the evidence is in conflict as to the distance…