Albin Bartosh v. Ray Schlautman

This is an action for personal injuries and property damage sustained by the plaintiff and appellant, Albin Bartosh, in a collision with a truck owned by the defendant and appellee, Ray Schlautman, doing business as Schlautman Transfer Company. Defendant and appellee filed a cross-petition for damage to his truck, and at a trial before a jury was awarded a verdict on his cross-petition. Judgment was entered accordingly, motion for new trial was overruled, and plaintiff appealed. The accident occurred on the evening of Sunday, November 8, 1964, on highway 91, a short distance east of Dodge, Nebraska. Plaintiff had been operating a farm tractor and cornpicker in an adjacent field, pulled on to the highway with the tractor, mounted picker, and towing a farm wagon loaded with ear corn. He attempted to shift gears and the gears jammed so that he came to a stop in the right-hand lane of the hard-surfaced highway. He immediately proceeded to repair the tractor. There were no flares placed and no lights upon plaintiff's vehicle. While repairing the tractor, the wagon was struck from the rear by defendant's truck.