Elek v. Boyce

HEMPHILL, District Judge.

Assigning error to court upon two grounds, plaintiffs move for a judgment non obstante veredicto or, in the alternative a new trial, as aftermath to an unfavorable verdict at the hands of a jury.

Initially, plaintiffs contend that the court erred in the exclusion from the evidence of certain statements which plaintiffs insist are admissible on a part of res gestae. The accident out of which the present litigation arose occurred on April 17, 1968, on U. S. Highway 17, on a bridge in Jasper County, South Carolina. At the time of the accident plaintiffs, Mr. and Mrs.…