Smith v. Knutson

Plaintiff brought this action to recover damages for the death of her son, Lloyd Smith, alleged to have been caused by the negligence of the defendants. The defendants interposed an answer denying liability and setting forth certain defenses to the action. The issues formed by the pleadings were tried to a jury. At the close of the case a motion by the defendants for a directed verdict was denied. The jury returned a verdict for the plaintiff. Thereafter the defendants made a motion for judgment notwithstanding the verdict or in the alternative a new trial. The district court granted the…