Brown v. Spain

Opinion by

Mr. Justice Hodges.

In his complaint, Plaintiff Brown charged that Defendant Spain “negligently, carelessly and recklessly, and with a willful and wanton disregard for the rights of the Plaintiffs ...” drove a motor vehicle in such a way as to cause the plaintiff to be thrown from the rear trunk of the vehicle. After completion of the plaintiff’s evidence, the trial court on the defendant’s motion directed the jury to return a verdict in favor of the defendant on the grounds of contributory negligence and assumption of the risk by the plaintiff. From the trial court’s judgment, the…