Barry v. Borden Farm Products Co.

The opinion of the court was delivered by

Trenchard, J.

The plaintiff; below was driving his taxicab on a public highway, and was injured in a collision with a truck of the defendant company. He recovered a verdict at the Union Circuit, and the defendant appealed from the consequent judgment,

The sole complaint now is that the trial judge erred in refusing to grant the defendant’s motions to nonsuit, and to direct a verdict for the defendant upon the ground of plaintiff’s contributory negligence.

We think that the motions were rightly denied.

Motions for nonsuit and for the direction of a verdict…