Clary v. Alexander County Board of Education

SHARP, Chief Justice.

Our first question is whether we should withdraw our decision — 10 April 1974 and decide whether plaintiffs’ evidence would support a finding that defendant was actionably negligent and, if so, whether it establishes Roger’s contributory negligence as a matter of law.

In each case, defendant moved “for a Judgment of Dismissal with Prejudice and a directed verdict in favor of the defendant on the grounds that the evidence offered by the plaintiff was insufficient upon which to submit the case to the jury and for the reason that plaintiff had failed to offer sufficient…