Kinsley v. McGary

Alleging defendant’s gross negligence in operating an automobile in which the plaintiffs were riding as the cause of an accident in which plaintiffs were injured, they sought damages from defendant. The jury awarded plaintiffs money damages, and, judgment being entered accordingly, defendant appeals claiming the evidence was insufficient to sustain the verdict.

Appellant admits the correctness of the often repeated rule of this court that the appellate court must assume that the evidence in favor of the successful party is true, leave out of consideration entirely the evidence of the…