Nelson v. Fulkerson

I cannot agree with the majority opinion' that the trial court erred in holding as a matter of law that the appellant, Tom Nelson, and his son, Gene Nelson, were engaged in a joint enterprise. Where there was no dispute or conflict in the testimony, there was no disputed issue to submit to the jury. From the holding of the majority opinion, it is conceded that,if the facts establish joint enterprise by appellant and his son, Gene Nelson, then appellant could not recover under the record in this cause because of the findings of the jury as to the negligence of Gene Nelson. It is further…