Champlin v. Walker

McCORMICK, Justice.

We must decide whether there was sufficient evidence in this case for the jury to find a landowner was guilty of wanton conduct toward a trespasser. The trial court held the evidence was not sufficient and sustained defendant landowner’s motion for judgment notwithstanding a jury verdict for plaintiff. We affirm.

Plaintiff Theodore P. Champlin alleged in his petition that he sustained personal injuries and resulting damages when he fell into an unlighted and unguarded excavation on defendant Miles Walker’s residential property in Sioux City at about 11:00 p.m. on September…