Daniels v. Smith

DALTON, Judge.

Action for damages for personal injuries alleged to have been sustained when plaintiff, a pedestrian in a public street, was struck by defendant’s automobile and severely injured. The cause was submitted solely on defendant’s alleged humanitarian negligence in 'failing to swerve the automobile sufficiently to avoid striking the plaintiff. Verdict and judgment were for plaintiff for $20,000 and defendant has appealed.

Error is assigned on the court’s action in overruling defendant’s motion for a directed verdict presented at the dose of plaintiff’s evidence and at the close of all…