Kiefer v. Gosso

'Kelly, J.

(concurring). Plaintiff’s husband’s death (January 12, 1952) was caused by a truck owned by defendant L. E. Myers Company and driven by its employee, Kenneth Gosso. Employee Gosso’s negligence is beyond question. Plaintiff’s husband was not guilty of contributory negligence in any way.

The circuit court for the county of Mason, at the close of all proofs, granted defendant L.- E. Myers Company’s motion for a directed verdict, stating* that plaintiff had failed to sustain the burden of proof that employee Gosso was operating the truck with the permission or consent of defendant Myers…