Harvey v. F-B Truck Line Co.

BISTLINE, Justice.

The underlying facts and procedural background of this lawsuit were well stated by the district court, the Honorable Ray Durtschi, in a memorandum decision written to formalize a verbal ruling from the bench. The ruling came after hearing argument on the Harveys’ motion for a judgment n.o.v. or, alternatively, for grant of a new trial:

A brief outline of the nature of the action and its history will serve to clarify the issues posed by the Motion.

The action arose out of a collision between an automobile in which plaintiffs were riding and a truck-trailer combination which…