Severns Motor Co. v. Hamilton

This action was instituted by Severns Motor Company, a corporation, against Kellis A. Hamilton, to recover damages done to its building. The jury returned a verdict for the defendant. The court granted a motion of plaintiff for a judgment notwithstanding the verdict and its alternative motion for a new trial. The defendant has appealed.

The rule applicable to a motion for a judgment notwithstanding the verdict of the jury in a negligence action is that it can only be granted (1) where the circumstances of the case are such that the standard of duty is fixed and the measure of duty defined by…