Nygaard v. Stull

This is an action to recover damages for personal injuries sustained in an automobile accident. The jury returned a verdict for the defendant and the plaintiff appeals from the judgment entered in accordance therewith.

The assigned errors relate solely to the correctness of one instruction given by the trial court and its failure to give an additional instruction, which the plaintiff contends should have been given. In view of the nature of the errors assigned, a brief statement of the evidence will suffice.

On February 11, 1944, the plaintiff was riding in the rear seat of an automobile being…