Eikmeier v. Bennett

The opnion of the court was delivered by

Thiele, J.:

In this appeal the sole question is whether the trial court erred in giving a particular instruction to the jury.

The action was for damages from negligent use of a truck. At the conclusion of the evidence the court instructed the jury, and as to those instructions there is no complaint. The cause was submitted to the jury at 9 a. m. on April 25,1935. At 5 p. m. the jury reported it was unable to agree. Court was adjourned until 9 a. m. of the following day, when the trial court, on its own motion, without request from any party and in the…