Kent Manufacturing Co. v. Zimmerman

Appellee, as plaintiff, brought suit against appellant, as defendant, to recover damages for personal injuries claimed to have been sustained through the negligence of defendant. The verdict and judgment was in favor of plaintiff, from which the defendant has appealed.

It is evident from the pleadings and testimony that issues of fact were submitted to the jury for determination which should not have been, and for this reason the judgment of the district court must he reversed and the cause remanded for a new trial. It *390is also apparent from an inspection of the complaint that the facts upon…