Kupka v. Blevins ex rel. Blevins

This is an action in tort wherein plaintiff sought to recover damages for the loss of his right eye and for pain and suffering caused by the negligence of the defendant in using a defective belt on a tractor to pull a hay baling machine. The belt broke and a piece of it struck plaintiff in his eye.

The jury returned a verdict in the amount of $25,000.00 for the plaintiff and same was approved by the court.

The parties will be referred to as they appeared in the trial court.

Within legal time defendant filed his written motion for a new trial and the sole and only grounds set forth in said motion…