Boos v. Sauer

Plaintiff, a guest passenger in a truck, charges defendant Sauer with gross negligence in going to sleep while driving. The court submitted the case to the jury upon plaintiff’s theory and he had verdict of $2,000. Defendant’s motion non obstante, however, was' granted and judgment entered for defendant.

For about a year Sauer had been in the employ of Loebel, delivering cheese. His duties required him to leave Grand Rapids about 3 a. m., drive to Otsego, 40 miles away, get a load of cheese, and return to Grand Rapids to meet a 6 o’clock.train. To do this he drove at a speed of 50 to 60 miles…