Scovanner v. Toelke

The .sole question argued in this court is whether the municipal court erréd in overruling the motion of defendant for judgment in his favor at the close of plaintiff’s testimony. The issue is whether plaintiff sustained the burden imposed upon him to prove defendant’s negligence in the operation of the truck, as alleged in the petition.

The duty resting upon this court, on a review of the record, is to ascertain whether there is any evidence tending to prove defendant’s negligence in the operation of the truck. Negligence is never presumed, and the burden of proving it is always imposed upon…