Greer v. Thweatt

The plaintiff in an automobile collision case has appealed from a judgment for the defendant entered by the Escambia County Court of Record, notwithstanding a jury verdict for the plaintiff.

Whether that judgment was properly entered by the court pursuant to the rules governing the entry of a judgment notwithstanding the verdict, is the question presented for our determination in this appeal.

The jury at the trial, under the pleadings, evidence, and jury instructions, by returning a verdict for the plaintiff necessarily found that he was not guilty of contributory negligence. The trial court in…