Daniels v. Moser

The trial court entered judgment for defendant notwithstanding the verdict in favor of plaintiff. The narrow question presented by plaintiff’s appeal is whether the evidence is sufficient to support the jury’s determination that defendant was negligent. Under settled principles we view the evidence, and the inferences legitimately to be drawn therefrom, in the light most favorable to plaintiff.

Plaintiff was seated on a small load of hay in defendant’s truck as defendant drove it through a cemetery gate. An archway sign over the gate brushed plaintiff to the ground. He suffered severe injuries.