Schwind v. Gibson

The question before us is the correctness of the lower court’s ruling in directing a verdict in favor of defendants. In sustaining this motion, the lower court held as a matter of law (1) that plaintiff failed to establish any negligence on the part of the driver of defendant’s truck, (2) that the proximate cause of the injury and death was not any negligence of the driver of defendant’s truck, and (3) that plaintiff’s decedent was guilty of contributory negligence as a matter of law.

It is the settled rule of law in this state that in the consideration of a motion for a directed verdict, the…