Hood v. Ham

Where the jury fails to return a verdict, written or oral, and the trial Court enters judgment for the defendants, may the plaintiff predicate error by first taking notice thereof in a motion for a new trial? Yes; we reverse and remand.

A brief factual background is essential to an understanding of the issue here presented. Thomas Hood (driver) and wife (passenger) filed suits against Charles Ham (driver of the second car) for alleged injuries resulting from an automobile accident. Ham's answer (general denial) to Mr. Hood's suit included a counter claim. Ham's insurance carrier filed a…