James v. Berry

STONE, Judge.

In this jury-tried action for damages resulting from an intersectional vehicular collision in Lebanon, Missouri, on June 23, 1955, plaintiff, Nora B. James, who had judgment for $1,000, appeals from the order sustaining defendant’s motion for new trial on the ground (with another) that plaintiff failed to make a submissible case. The cause was submitted on defendant’s, alleged primary negligence in failing to yield the right of way to plaintiff’s automobile.

At the time of accident, plaintiff and her brother, Noah Clemmons, then 71 years of age and a resident of California, were…