Paytes v. Davis

On November 26, 1927, J. B. Davis was struck and injured by an automobile truck on a public road in Orange county. He brought suit and obtained a verdict for $500.00, which was reduced by the trial court to $300.00.

For the defendants it is said that the evidence supports no recovery at all, while the plaintiff charges that the judgment should have been for the full amount of the jury’s verdict. This case is now before us on error and cross-error.

It turns upon the facts and not upon the law applicable thereto; about it there is little dispute; the instructions have not been copied into the…