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eBook details

• Title: Ronald Zavoral v. Pacific Intermountain
• Author : Supreme Court of Nebraska
• Release Date : January 15, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendants' loaded 58,000 pound tractor-trailer combination, 49 feet 11 inches long, going west on U.S. Highway No. 30, about
12:30 a.m., on February 18, 1961, was in collision with plaintiff's southbound 1960 Oldsmobile. The collision occurred in
the northwest quadrant of the automatic signal controlled intersection of U.S. Highway No. 30 and Chestnut Street (Highway
29) in the City of Kimball, Nebraska. Both streets and the intersection were "snow packed" and icy. The weather was clear
and cold. Plaintiff brings this suit for personal injuries and property damage to his automobile. From a jury verdict and
judgment for the defendants, plaintiff appeals. We reverse the judgment and remand the cause for a new trial. Plaintiff contends that the defendant driver, Tinsley Naylor, was guilty of negligence as a matter of law and that the court
should have so instructed the jury. Plaintiff did not, by motion or requested instruction, raise this issue in the trial in
district court. It is first raised here on appeal. Unless the question is raised by appropriate motion or otherwise, the failure
of the trial court to so instruct is not an "error of law" occurring at the trial and duly excepted to as required by section
25-1142, R. R. S. 1943. Robinson v. Meyer, 165 Neb. 706, 87 N.W.2d 231.

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