McCulloch v. Horton

Plaintiff had a verdict and judgment for damages for personal injuries alleged to have been caused by defendant’s negligence in the operation of a truck. At the conclusion of plaintiff’s evidence defendant rested without introducing any evidence in his behalf, and then moved the court to direct the jury to return a verdict in his favor. The court denied the motion and submitted the cause to the jury. The jury returned a verdict for plaintiff in the sum of $3,575. The appeal is from the judgment entered on the verdict.

Defendant contends that his motion for directed verdict should have been…