LaBree v. Dakota Tractor & Equipment Co.

Tbe plaintiff bad judgment against tbe defendant for injuries received in a collision alleged to occur on January 2, 1938, but actually on December 27, 1937. Tbe defendant moved for judg inent non obstante, or in tbe alternative for a new trial. Tbe motion for judgment notwithstanding the verdict was granted without considering- the motion for a new trial. Plaintiff appealed, and this court reversed. In our decision we state: “The trial court did not pass upon the motion for a new trial. . . . The court stated . . . that instructions which he had given to the jury and to which the defendant…