Gausvik v. Larson Richter Co.

Birdzell, Ch. J.

Two actions entitled as above arose out of a single automobile accident. They were tried together in the district court and separate, verdicts were returned for the plaintiffs. Alternative motions for judgment non obstante or for new trials were made and denied and separate appeals were taken to this court where the causes were argued together. Inasmuch as the same questions are presented in both appeals, one opinion will suffice.

On the evening of November 13, 1925, Evald Gausvik, plaintiff in one of these actions, procured from the Stearns Motor Company in Minot, plaintiff in…