Maysay v. Hickman

The plaintiff below, Maysay, recovered a judgment against the defendant Hickman, but upon the motion for a new trial the judge sustained the motion and directed a verdict in favor of the defendant, dismissing the plaintiff’s suit, the jury having found in favor of the defendant Harry Summers. This action of the trial judge is assigned as error for the reason- that it is insisted a presumption arose from the proven facts in favor of the plaintiff and the jury was justified in returning a verdict upon this presumption.

This suit is predicated upon an automobile a&cident, when the defendant’s…