Leinen v. Boettger

— At the close of plaintiff’s testimony, defendant moved for a directed verdict. The motion was overruled. At the close of all the testimony, defendant renewed his motion to direct. It was again overruled. After the jury had returned a verdict for $14,000 for plaintiff, the defendant filed a motion for judgment notwithstanding the verdict for plaintiff. This motion was denied. The ground of each motion was that plaintiff had not established his freedom from contributory negligence, and because of said failure the court should have so found as a matter of law and entered judgment for…