Fitzgerald v. Wood

These two suits were tried together to a jury. There was a peremptory instruction in favor of defendant Wood and wife at the close of all the evidence. Plaintiffs’ motions for new trial were seasonably made and overruled and they have appealed and assigned error.

We shall refer to the several parties herein as plaintiff and defendant.

*347The question posed by the second assignment is in our opinion determinative of the case. It is that the trial judge was in error in directing a verdict for defendant on the ground that the undisputed evidence showed that the ambulance belonging to defendant was…