Button v. Metz

COMPTON, Justice.

This is an action for damages, the complaint alleging that appellee was negligent in backing his automobile into appellant, thereby injuring him. Appellee’s answer generally denied any negligence on his part and pleaded contributory negligence, assumption of risk and unavoidable accident as affirmative defenses.

The cause was tried before a jury and, at the close of appellant’s case, appellee moved for dismissal and for a directed verdict in his favor. The trial court granted this motion and directed the jury to return a verdict for the appellee.

On the date of appellant’s…