Larson v. Meyer

TEIGEN, Justice.

This is an appeal from an order denying defendants’ alternative motion for judgment notwithstanding the verdict or for a new trial in a wrongful death action.

The action was brought by the plaintiff, as the surviving husband, for the use and benefit of himself and the surviving children, pursuant to the provisions of Chapter 32-21 of the North Dakota Century Code. The action was premised on the alleged negligence of the defendants. The defendants denied the allegation of negligence and affirmatively pleaded contributory negligence and assumption of risk. The case was tried to a…