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WAGNER v. PETERSON

Civ. No. 880038.

430 N.W.2d 331 (1988)

Jack WAGNER, Plaintiff and Appellant, v. David PETERSON, Defendant and Appellee.

Supreme Court of North Dakota.

October 18, 1988.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiff and appellant; argued by Timothy J. Austin.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee; argued by Thomas O. Smith.

LEVINE, Justice.

In this appeal from an order denying a new trial, Jack Wagner contends that the jury verdict was not supported by the evidence. We hold that the jury's verdict was supported by sufficient evidence, and affirm the order of the district court on this issue pursuant to Rule 35.1(a)(3), North Dakota Rules of Appellate Procedure.

Wagner also argues that the trial court abused its discretion in excluding certain testimony of the investigating police...

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