Lyons v. McDonald

ORDER

KELLAM, District Judge.

Plaintiff moves the Court to set aside the jury’s verdict returned herein on March 16, 1970, finding for the defendant. Plaintiff asserts three grounds, namely, (1) the verdict is contrary to the evidence, (2) the jury did not follow or misunderstood the charge of the Court, and (3) the Court should have directed a verdict on the issue of liability at the conclusion of opening statement of defendant’s counsel.

There is little or no dispute in the evidence. The accident occurred February 3, 1968, at about 7:00 o’clock p. m., on U.S. Highway 1 at or near “Hybla…