Beason v. Evans

HENDRY, Judge.

Plaintiff brought action seeking damages for personal injuries sustained in a “rear end” motor vehicle collision. The case was tried by a jury which returned a not guilty verdict in favor of the defendant. The plaintiff then successfully moved for a new trial and in the order granting same the trial court said:

“1. * * * The evidence indicated a definite rear end collision which raised a presumption of negligence; which presumption the Defendant failed to rebut.

“2. * * * The evidence introduced was insufficient to prove contributory negligence on the part of plaintiff.”

The…