Phillips v. Ullmer

Plaintiff, appellee herein, a guest in an automobile driven by defendant, appellant herein, recovered a judgment of $3,800 damages for personal injuries in an action in which wanton misconduct was alleged.

Defendant makes two assignments of error: (1) The overruling of his motions for directed verdict made at the conclusion of plaintiff’s evidence and at the conclusion of all the evidence, and (2) the overruling of his motion for judgment notwithstanding the verdict.

In considering such motions the evidence must be construed most favorably to the party against whom the motions are made, in this…