OTTERTAIL POWER CO. v. DUNCAN

No. 12533.

137 F.2d 157 (1943)

OTTERTAIL POWER CO. v. DUNCAN.

Circuit Court of Appeals, Eighth Circuit.

July 30, 1943.


Attorney(s) appearing for the Case

Holton Davenport, of Sioux Falls, S. D., (Ellsworth E. Evans and Louis R. Hurwitz, both of Souix Falls, S. D., on the brief), for appellant.

George J. Danforth, of Sioux Falls, S. D. (George J. Danforth, Jr., of Sioux Falls, S. D., and George A. Rice, of Flandreau, S. D., on the brief), for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and VOGEL, District Judge.


VOGEL, District Judge.

This is an appeal from a judgment in favor of appellee entered in accordance with a jury verdict in an action for damages by reason of wrongful death. The case is appealed here on the ground that the trial court erred in refusing to direct a verdict for appellant and in denying appellant's motion for judgment non obstante veredicto on the ground that the decedent should have been held guilty of contributory negligence as a matter of law. For...

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