Potter v. Golden Rule Grocery Co.

Plaintiff’s intestate, Merritt W. Potter, Jr., received injuries when struck by a truck belonging to defendant Golden Rule Grocery Company, from which he died a few hours thereafter. At the conclusion of the evidence, the trial court sustained the motion of the grocery company for a directed verdict without specifically stating any reasons therefor. Prom his remark at the time, the Court of Appeals concluded that he granted the motion upon the theory that the evidence preponderated in favor of defendants which, if true, was error. The Court of Appeals held that there was sufficient evidence…