Meyer v. Mutual Service Casualty Insurance

On this appeal, two questions are raised: (1) Did the court err in directing a verdict for Meidl and his insurer absolving Meidl from negligence under the emergency doctrine, and (2) did the court err in not admitting in evidence a written statement taken by an employee of the Herman Mutual Insurance Company from Johnson?

A review of the pertinent facts is necessary. Highway 41 at the point of impact is 22 feet wide with shoulders on both sides wide enough for the width of a car. It was daylight, visibility was excellent and the road was dry. About a half mile north of the scene of the…