Fuzzell v. Williams

RUARK, Judge'.

In this automobile collision case defendant Williams pleaded and submitted (a) primary negligence in exceeding ordinance speed of 30 miles per hour. and (b) humanitarian negligence in failing to swerve or slacken speed. At close. of the case plaintiff Fuzzell moved for directed verdict on the grounds defendant (1) failed to prove primary negligence, _ (2) failed to prove humanitarian negligence, (3) was guilty of contributory negligence. A jury having returned a,.verdict against the petition and in favor of the counterclaim, the plaintiff filed timely notice under Section…