Carpenter v. Mattison

Yetka, Justice.

Appeal is taken from an order of the District Court of Polk County denying defendant’s motion for judgment notwithstanding the verdict or, in the alternative, a new trial. We affirm.

On the night of December 26, 1970, a group of eight snowmobilers, including plaintiff and defendant, were proceeding south in the ditch beside U. S. Highway No. 59 between Plummer and Brooks, Minnesota.

It was a clear night with good snow conditions. The group was traveling at “trail speed” with plaintiff in the lead position, followed by his wife. An approach road crosses the ditch at a point about…