Berg Ex Rel. Berg v. Johnson

Thomas Gallagher, Justice.

Action for personal injuries sustained by plaintiff as a result of an accident in which his right foot was severed by an ensilage cutter owned by defendants. The trial court directed a verdict for defendants. This is an appeal from an order denying plaintiff’s motion for a new trial. The questions for determination are whether the evidence presented a jury issue as to (1) defendants’ negligence and (2) plaintiff’s contributory negligence.

At the time of the accident plaintiff was 18 years of age and a recent high school graduate. He had worked on various farms in the…