Klunenberg v. Rottinghaus

Plaintiff was injured when she fell while helping her husband corral defendant’s cattle. The cattle had strayed from defendant’s field. Following a jury verdict for plaintiff the trial court sustained defendant’s motion for judgment notwithstanding the verdict and plaintiff appeals.

In considering the propriety of the judgment notwithstanding the verdict the premise is the same as a directed verdict. We give the plaintiff’s evidence the most favorable construction it will reasonably bear. Citations unnecessary. See Rule of Civil Procedure 344(f) 2.

On December 18, 1960, defendant was the…