Nihart v. Kruger

Otis, Justice.

This is an action for personal injuries sustained by a passenger in a pickup truck driven by defendant Robert J. Kruger which rear-ended a tractor-trailer owned by defendant Rochester Silo Company and driven by defendant Laurence Kinyon. In its special verdict the jury found, inter alia, that Kinyon and his employer were negligent but that their negligence was not a direct cause of the collision. The trial court set aside that part of the verdict and found that their negligence was a direct cause of the accident. The appeal is taken from that order. We hold that the finding of…