[Download] "David Paul Kirks v. Alvin T. Waller" by Supreme Court of North Dakota # Book PDF Kindle ePub Free

eBook details

Title: David Paul Kirks v. Alvin T. Waller
Author : Supreme Court of North Dakota
Release Date : January 09, 1961
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

David P. Kirks, a minor, by his father as next friend, sued Alvin T. Waller for $50,000 damages for injuries received when struck by a truck operated by defendant. The jury returned a unanimous verdict for defendant. The court granted plaintiff a new trial for error in giving instruction No. 5. Defendant has appealed, and contends said instruction was not erroneous and that plaintiff failed to make a case on the submitted negligence that "defendant could have swerved said truck and given a warning of its approach" under the humanitarian doctrine. If plaintiff failed to make a submissible case, any error in defendants instructions was immaterial and the court erred in granting plaintiff a new trial. Rose v. Thompson, 346 Mo. 395, 141 S.W.2d 824, 830[8]; Graves v. Atchison, T. & S.F.R. Co., 360 Mo. 167, 227 S.W.2d 660[3], and cases cited.