Jensen v. Salem Sand and Gravel Co.

Plaintiff (respondent), a pregnant woman, recovered a $7,500.00 judgment against defendant (appellant) by way of damages arising out of an injury she sustained while crossing a sewer ditch which had been excavated but partially refilled by defendant.

During the course of the trial, defendant moved for an involuntary nonsuit and a directed verdict on grounds that plaintiff was guilty of contributory negligence as a matter of law. Both motions were denied. After the verdict was returned, defendant moved for a judgment notwithstanding the verdict on the above grounds, which motion was also…