concurring:
I concur in the result for the reason that the plaintiff did not move for a directed verdict on liability nor did the plaintiff request the court to instruct the jury that the defendant was negligent as a matter of law. I feel that under the evidence in this case, and under the applicable law, the defendant was negligent as a matter of law but I *159feel that I have no choice, given the state of this record, but to vote for an affirmance.