Towers v. Johnson

CAMERON, Judge.

This is an appeal from an order of the trial court which denied plaintiff’s motions for judgment n. o. v. and plaintiff’s motion for new trial.

We are called upon to determine whether the trial court committed error in giving an instruction on general negligence in addition to an instruction on res ipsa loquitur.

As reflected from the pleadings and the briefs of counsel, the facts in the case are essentially as follows.

On or about 28 July 1966, the defendant was driving a 1957 MG Roadster in which the plaintiff was a passenger. The vehicle was proceeding south on State Highway 79…