White v. Boyd

1. From a careful consideration of the evidence we do not think that it could be said as a matter of law that the defendant was not grossly negligent; and the court erred in granting a “nonsuit” or in withdrawing from the jury the issue under count 2 of the petition, which was based on gross negligence. Furthermore, the court could not legally grant a partial nonsuit, as will be seen from the authorities cited later in this decision.

Without setting forth the evidence in detail, it may be stated that it appears that the defendant was driving his bus along the LaFayette highway, approaching the…