Johnson v. Frelich

STRUTZ, Justice, on reassignment.

This is the second time this case has been before this court. The opinion on the first appeal is found in 153 N.W.2d 775 (N.D.1967). In that case, the plaintiff appealed from judgment entered notwithstanding the verdict of the jury. This court often has held that, on appeal from judgment notwithstanding the verdict, the only question for the appellate court to consider is whether, upon the record as a whole, the respondent, at the conclusion of all of the evidence, was entitled to judgment on the merits as a matter of law. Filler v. Stenvick, 79 N.D. 422, 56…