Beatty v. Root

CLAY, Commissioner.

This is an appeal from a $5,000 judgment, for personal injuries, granted plaintiff appellee against defendant appellant. Defendant’s principal contention on appeal is that she was entitled to a directed verdict.

While traversing Tom Cat Trail, a two-lane gravel highway near the intersection of Highway 80 in Laurel County, defendant’s automobile, driven by her, ran off the road to the left and struck a utility pole. The defense was that the brakes failed and defendant steered the car off the road in an emergency to avoid traveling onto Highway 80. It is contended that the…