Penny v. Seaboard Coast Line Railroad

BRITT, Judge.

In its first assignment of error, defendant contends that the trial court erred in refusing to grant defendant’s motion for a directed verdict at the close of all the evidence and in refusing to grant defendant’s motion for judgment notwithstanding the verdict or its alternative motion for a new trial for the reason that the evidence offered by plaintiff was not sufficient to be submitted to the jury on the question of defendant’s negligence. Suffice to say, we think plaintiff’s evidence of defendant’s negligence when considered in the light most favorable to him was sufficient…