Vogel v. Nash-Finch Co.

1 Reported in 265 N.W. 350. Plaintiff obtained a verdict against defendant for the wrongful death of her intestate, Joseph W. Vogel, her husband. Defendant appeals from the order denying its motion in the alternative for judgment notwithstanding the verdict or a new trial.

Defendant's main contentions are: (a) That if the negligence of Fred Johnson, defendant's servant, was the proximate cause of Vogel's death, such negligence was conclusively shown to have occurred outside the scope of Johnson's employment; and (b) Vogel's contributory negligence appears as a matter of law. If either…