Whitfield v. Dunn

This is an action for damages instituted by Ocie W. Dunn against Eugene Samuel Whitfield, who, while operating his automobile, struck the plaintiff, a pedestrian, on a state highway. At the conclusion of plaintiff’s evidence, defendant’s motion to strike was overruled. Thereupon, defendant rested without testifying personally, or offering any evidence in his own behalf. The jury returned a verdict in favor of the plaintiff in the sum of $13,500.00, and, over the objection of the defendant, judgment was entered accordingly. We granted this writ of error.

Defendant, in his petition for a writ of…