Penteluk v. Stark

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying defendant’s motion for judgment notwithstanding the verdict or in the alternative for a new trial.

The accident which is the subject of this litigation occurred in Crow Wing county on October 18, 1952, as plaintiff was attempting to pass defendant on state aid road No. 3 and defendant made a left turn in front of him. The jury returned a verdict for plaintiff.

On appeal, it is the position of defendant that the court should have instructed the jury that plaintiff was guilty of contributory negligence as a matter of…