Shepherd v. Marcum

MILLIKEN, Judge.

The key question here is whether the fact that appellant’s motor vehicle left the highway, taken alone, is sufficient to support a verdict against him after his explanation that he was forced off the highway by a passing car.

On the night of February 22, 1957, Bobby Shepherd, appellant, defendant below, while operating a truck owned by him, ran into a building owned by Sylvania Marcum, appellee, plaintiff below, and in which William Marcum, appellee, son of Mrs. Marcum, had stored business fixtures and merchandise. Suit was brought by the plaintiffs against Bobby Shepherd and…