Berry v. McDaniel

STONE, Judge.

While walking from the north toward the south side of U. S. Highway 60 in Poplar Bluff, Missouri, plaintiff, Ray Berry, was struck by an east-bound automobile driven by defendant, H. G. McDaniel. Upon trial, plaintiff’s cause of action for personal injuries was submitted solely upon alleged negligence under the humanitarian doctrine in failure to slacken speed or swerve. On this appeal from an adverse judgment for $1,500.00, defendant, who offered no evidence but stood on his motion to dismiss at the close of plaintiff’s evidence, insists that plaintiff did not. make a…