Hood Logging & Timber Co. v. Smith

GRAHAM, Judge.

Defendant did not assert in either his motion for a directed verdict or his motion for judgment N.O.V. that the evidence was insufficient to show negligence on his part. Neither does he make any assertion to this effect here. His sole contention is that plaintiff’s evidence establishes, as a matter of law, that plaintiff’s employee was negligent in the operation of the truck and that his negligence was a proximate cause of the collision and resulting damages.

Testimony of plaintiff’s truck driver tended to show that the collision occurred at around 6:00 p.m. on the evening of 2…