Rauk v. Vold

Murphy, Justice.

This is an appeal from an order denying judgment notwithstanding the verdict or a new trial after a special verdict in favor of plaintiff in an action for personal injuries and for damage to his automobile. Defendant contends that plaintiff was contributorily negligent as a matter of law and that the trial court erred in denying his motion for judgment notwithstanding the verdict. He contends in the alternative that a new trial should be granted because of erroneous instructions.

Viewing the record in the light most favorable to the verdict, it appears that the parties were…