Thompson v. Walker

Quillian, Chief Judge.

Plaintiff-appellants, children and personal representative of a deceased, brought this action against appellee Walker alleging that Walker negligently caused the decedent’s death by striking him with an automobile. At the conclusion of the plaintiffs’ evidence the trial court, finding no evidence of negligence, granted Walker’s motion for directed verdict and subsequently denied appellants’ motion for a new trial, from which rulings this appeal is taken. Held:

The only evidence of what occurred came from plaintiffs’ cross-examination of Walker. He testified that in the…