Carlson v. F. A. Martoccio Co.

Defendant, a corporation, appeals from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial.

Fritz G. Carlson at 10:30 a. m. on June 3, 1927, while riding a bicycle on a street intersection in Minneapolis was struck by an automobile truck owned by defendant and driven by one of its employes. Carlson died shortly thereafter as a result of the collision. The day was misty and the pavement was wet.

The main questions involved in the case are: Was the defendant guilty of negligence, and was deceased guilty of contributory negligence, which was the…