Titone v. Teis Construction Co.

MORGAN, Judge.

At the close of plaintiff’s evidence in this jury tried case, the trial court sustained defendant’s Motion For A Directed Verdict. Plaintiff has appealed, and the ultimate question is whether or not he made a sub-missible case.

Plaintiff’s theories of recovery against defendant were set out in one paragraph of one count of the petition as follows: “For cause of action against Defendant, Plaintiff states that for several months in 1965, the exact times of which are unknown to Plaintiff, but are known to Defendant, Defendant wrongfully, illegally, wantonly, and with legal malice,…