Dornack v. Barton Construction Company

Sheran, Justice.

Appeal from an order of the district court denying the motion of Florence L. Dornack and Charles Dornack for judgment notwithstanding the verdict or a new trial.

At about noon on a bright, sunny day in October 1960, Florence Dor-nack, accompanied by Marian Wade, a front-seat passenger, was northbound from Stewartville to Rochester on U. S. Highway 63. She was driving her husband’s car, apparently as a gratuitous bailee. The road was familiar to her. She had driven from Rochester to Stewartville earlier that day and had gone this way as often as once a week during the previous…