Kresel v. Giese

ERICKSTAD, Chief Justice.

The defendant, Roger H. Giese, appeals from a judgment entered against him in the sum of $11,810 plus interest and costs and from the order denying his motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.

As we must view the evidence upon an appeal of an order denying such a motion in the light most favorable to the verdict, and as the parties do not disagree on the facts generally, we shall accept, except where disputed, the facts as they are stated in the brief filed on Kresel’s behalf.

On the evening of January 28,1972, Roger Giese…