Bryan v. Sweeney

Frank Bryan, herein called plaintiff, sued Sherman Sweeney, herein called defendant, for $20,000 damages for alleged personal injuries claimed to have resulted from defendant’s negligence. At the close of plaintiff’s evidence and upon motion of defendant, the trial court directed the jury to return a verdict for defendant. Judgment was entered thereon. After proper procedural steps the plaintiff has appealed. The sole question for our ruling is whether upon all the evidence before us the case should have been submitted to the jury.

It is plaintiff’s theory of his case that he was an employee…