Hartwig v. Olson

MOORE, Justice.

This is an action for the wrongful death of Perry Hartwig, a highway resurfacing employee, struck while working by a car owned and driven by defendant Clarence Olson. Defendant has appealed from judgment on verdict of $28,000 for plaintiff. Defendant assigns nineteen errors, two on rulings on evidence, two on rulings on motions to withdraw portions of pleadings and fifteen on requested and given jury instructions.

Highway Surfacers, Inc., Hartwig’s employer, was made defendant on cross-petition. It was granted a continuance and took no part in the trial and is not a party to…