Koenigs v. Werner

Sheran, Justice.

Appeal by defendant Leon Werner from an order of the district court denying his motion for judgment notwithstanding the verdict or a new trial.

Appreciation of the issues raised requires an understanding of the simple factual and complicated procedural background of this action for death by wrongful act.

On December 5, 1959, at about 10 a. m., a collision occurred at an open, level intersection of two crushed rock-surfaced roads, the traveled portions of which were 24 and 26 feet wide, in a rural area between a westbound pickup truck operated by defendant Robert Ahrens and a…