Opinion
No. 36,670.
June 10, 1955.
Judgment affirmed.
Appeal by defendant from a judgment entered in the district court for Stearns county for plaintiff for $105,000 after an appeal to this court. See, Hallada v. Great Northern Ry. 244 Minn. 81, 69 N.W.2d 673. Affirmed.
Edwin C. Matthias, Anthony Kane, W. P. Westphal, and R. J. Quinlivan, for appellant.
Davis, Rerat, Yaeger Lush and Harry H. Peterson, for respondent.
Appeal from a judgment. The case was here before on an appeal from an order denying defendant's motion for judgment notwithstanding the verdict or in the alternative for a new trial. Our opinion filed February 25, 1955, affirmed the order appealed from if plaintiff within ten days after the filing of the remittitur in the lower court shall file his written consent to a reduced verdict in the sum of $105,000. Hallada v. G. N. Ry. 244 Minn. 81, 69 N.W.2d 673. Within the ten-day period plaintiff filed his written consent to a reduction of the verdict. For the reasons given in the previous opinion the judgment appealed from is affirmed.