Miller v. Siebert

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover damages for personal injuries sustained, as the jury found, by being struck and seriously injured by a motor vehicle owned by defendant and operated by him, or by his employee or agent while engaged in the performance of services for defendant, at the time of the accident. Defendant filed no affidavit of defense and on the trial offered no evidence. At the close of the testimony for plaintiff, defendant’s counsel presented a point for binding instructions, which was refused, as was a subsequent motion for judgment n. o. v. whereupon this…