State v. Brady

Thomas Gallagher, Justice.

Defendant was convicted of criminal negligence under M. S. A. 169.11 in the death of Joseph Thomas Westby, an 8-year-old boy, killed by defendant’s car July 19, 1953, at about 8:á5 p. m., while riding his bicycle on the north shoulder of highway No. 216 near Hibbing.

Defendant appeals from the denial of his motion for judgment notwithstanding the verdict or for a new trial. He contends that (1) the evidence is insufficient to support the verdict; (2) the court erred in its instructions; and (3) the court erred in admitting opinion evidence of Fred Odegard, acting…