Komma v. Kreifels

This is an action brought to recover damages for the death of plaintiff’s intestate, and involves the guest statute. Trial was had. At the close of all the evidence, the trial court sustained a motion to dismiss plaintiff’s action on the ground that gross negligence was not shown. Plaintiff appeals. We reverse the judgment of the trial court and remand the case.

We state the evidence relative to the issue presented in the light of the rule that “ ‘If there be any testimony before the jury, by which a finding in favor of the party on whom rests the burden of proof can be upheld, the court is…