Muhlhauser v. Archie Campbell Construction Co.

TEIGEN, Chief Justice.

This is an appeal from an order granting a new trial to the defendant. The motion was granted on the ground of insufficiency of the evidence to justify the verdjct and that the verdict is against law.

The plaintiff claims damages to its tractor-trailer resulting from a collision with the defendant’s cook-car which was being towed by the defendant’s gravel truck on U. S. Highway No. 10, about five miles west of Dickinson, North Dakota, on September 14, 1963. The defendant, by counterclaim, asks damages for its cook-car.

The defendant’s road construction company was moving…