THOMAS GALLAGHER, JUSTICE.
Action for personal injuries sustained by plaintiff, Lawrence Risnes, arising out of an accident wherein an automobile owned by defendant, Donald Stonebreaker, swerved and overturned in a ditch adjacent to the highway. The accident happened August 2, 1952, at about 2 a.m. near Jenkins. At the time, the car was occupied by plaintiff, defendant, and one Delmar Riley. The jury returned a verdict in favor of plaintiff. On appeal the principal...
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