Phillips v. Stewart

Gorman Wyatt Phillips, the plaintiff, filed a motion for judgment against Overton Copeland Stewart, the defendant,, seeking to recover damages for personal injuries allegedly sustained by the plaintiff when he was struck, while walking across Main Street in the town of Christiansburg, by an automobile operated by the defendant.

The case was tried before a jury and, at the conclusion of all the evidence, the trial court struck the plaintiff’s evidence and entered summary judgment in favor of the defendant. From the final order embodying the court’s rulings, the plaintiff was granted this writ…