Hacker v. Berkner

Nelson, Justice.

Plaintiff, William Hacker, appealed from an order of the district court granting the motion of defendants, Stanton and Tekla Berkner, for judgment notwithstanding the verdict in an action brought to recover for injuries plaintiff sustained while grinding feed on defendants’ farm.

To supply power to the hammermill used for grinding the feed, plaintiff had coupled it to a tractor with a power takeoff. How the accident occurred may be illustrated by his testimony—

“Q. * * * Now, on May 2, 1959, did you have an accident with some machinery on the Stanton Berkner farm?

“A. Yes, the…