Vining v. Kovarik

This litigation arose out of an intersectional collision of motor vehicles which occurred in Aberdeen, South Dakota, on September 11, 1958. A trial resulted in a verdict and judgment for defendant. Thereafter the trial Court entered an order granting a new trial from which this appeal was taken. We uphold the contention of plaintiff that the record establishes defendant has elected to waive his right of appeal.

The settled record reveals these significant undisputed facts. The specific allegation of negligence contained in plaintiff’s complaint reads as follows:

“That at said time and place…