considering judgment non obstante veredicto "in the light of the record as a whole"
How later courts described this case
- considering judgment non obstante veredicto "in the light of the record as a whole"
- ″We must consider all the testimony in the record from the standpoint most favorable to the plaintiff.″
Written by the judges who cited it.
The opinion
Mr. Justice Wilson
concurring.
I agree with the dissent on the question of gross negligence, but concur in the judgment of the majority in the belief that the burden of proof on the issue of guest or passenger rests on the defendant. Under the standard test for measuring testimony the jury could disregard those portions of defendant’s own testimony establishing the issue of guest. I believe there was some evidence to support the jury’s finding that the plaintiff’s husband was a passenger.
Opinion delivered May 21, 1952.