Neessen v. Armstrong

At the close of plaintiff’s evidence, the defendant moved for a directed verdict on grounds which may be epitomized as follows, to wit: (1) that it has not been shown by the plaintiff’s evidence that the decedent was free from contributory negligence; (2) that the evidence fails to show that the defendant was guilty of recklessness within the meaning of the statute; (3) that, under the entire record as made by the plaintiff’s evidence, the court could not allow a verdict in favor of the plaintiff to stand.

Since plaintiff’s action is founded upon recklessness, and not upon negligence,…