Smith v. Caplan

NORTHCUTT, Justice.

Ken Smith, plaintiff in the trial court, brought suit against Sam Caplan seeking damages for injuries suffered by his wife, Cletus Smith, on September 2, 1966, when she and their minor son entered the defendant’s amusement park for the purpose of said minor child’s riding the children's amusement rides that defendant, Sam Cap-lan, operated under a lease from the city of Lubbock.

The case was tried before a jury, but at the time the plaintiff rested his case the defendant moved for an instructed verdict, and thereafter the court granted such motion withdrawing the case from…