Kenward v. Hultz

CROSS, Judge.

Plaintiff sues to recover damages for personal injuries suffered on defendant’s premises when a dirt trench in which he was digging caved in, and a large quantity of dirt partially buried him. The case was tried to a jury which returned a verdict for plaintiff in the sum of $3000.00, upon which judgment was duly entered. On motion by defendant, the trial court set aside the verdict and judgment in favor of plaintiff and entered judgment in favor of defendant. Plaintiff appeals.

*346All of the evidence in the case was adduced by plaintiff, who testified in his own behalf, introduced a…