Opinion
No. 32,197.
January 5, 1940.
Case followed.
Action in the district court for McLeod county to recover for injuries arising out of an auto collision wherein defendant interposed a counterclaim. The case was tried before C.M. Tifft, Judge, and a jury. After a verdict of $1,205 for defendant, plaintiff appealed from an order, Joseph J. Moriarty, Judge, denying his alternative motion for judgment or a new trial. Affirmed, following Schweikert v. Peters Sausage Co. 206 Minn. 596, 289 N.W. 828.
Maugridge S. Robb, for appellant.
Joseph P. O'Hara, for respondent.
This case is another arising from the accident involved in Schweikert v. Peters Sausage Co. 206 Minn. 596, 289 N.W. 828, the opinion in which is filed herewith. Plaintiff, driver of the truck, upon suing Brecht, owner and driver of the sedan, met the latter's counterclaim, upon which the jury found for Brecht and awarded him damages. For the reason stated in the other case, the order denying plaintiff's blended motion must be affirmed.
So ordered.