Victor v. Sell

Peterson, Justice.

This is an appeal by the plaintiff in a personal injury action from an order of the district court denying plaintiff’s motion for a new trial. Plaintiff, who tried the case primarily on a theory of trespass, contends on appeal that the trial court erred in three respects: In defining trespass, in explaining intent, and in giving any instructions at all on contributory negligence, and assumption of risk. We affirm.

Plaintiff, Hugo Victor, and defendants Donald and Estelle Sell are next-door neighbors. During the weekend of February 6, 1971, the plumbing in the Sell house…