Western Casualty & Surety Co. v. Dairyland Mutual Insurance

The learned trial judge filed a memorandum decision in which he determined that the negligence of the deceased Ulrich Grund, was equal to, or exceeded, the negligence of his son, Roland, as a matter of law.

While there is considerable conflict in the testimony, such conflict must be resolved in plaintiff’s favor in considering whether it was error for the trial court to have directed a verdict. This is because a verdict should only be directed against a plaintiff where plaintiff’s evidence, giving it the most favorable construction it will reasonably bear, is insufficient to sustain a verdict…