Barnhart v. Ahlers

In this automobile collision case the jury awarded plaintiff a verdict of $2,175 for personal injuries and property damage. Afterwards the trial Court granted defendant’s motion for judgment notwithstanding the verdict and plaintiff appeals.

Although requested by plaintiff the trial court refused to instruct the jury on our comparative negligence law. This does not foreclose its application here as a motion for judgment notwithstanding the verdict is retroactive in effect. It relates back and is based upon defendant’s motion for a directed verdict made at the close of all the testimony. SDC…