State v. Juengel

CASE, Judge.

This is an appeal from a judgment for appellee (plaintiff in the trial court) and denial of appellant’s (defendant in the trial court) motions for judgment notwithstanding the verdict or in the alternative for a new trial. The appellee questions the denial of costs to him as part of his award by way of cross-appeal. The parties will be referred to hereinafter as they appeared in the trial court.

In the late afternoon of November 7, 1965, the Juengel family while traveling in two cars in an easterly direction on U. S. Route 60-70, stopped at a roadside rest area located…