Duff v. Bemidji Motor Service Co.

Stone, Justice.

Action for wrongful death wherein plaintiff had a verdict against both defendants. Defendant Bemidji Motor Service Company, hereinafter mentioned as though it were the only defendant, appeals' from the order denying its motion for judgment notwithstanding or a new trial.

The Temanson truck loaded with cordwood became stalled Avhile southAvard bound on trunk highway No. 71 someAvhere north of Bemidji late in the afternoon of November 27, 1939. Defendant’s service truck AAas called to the scene. It took position facing nortliAvard, or against the traffic, on the Avesterly,…