Butler v. Hyperion Theatre Co., Inc.

The first reason of appeal is that the court erred in denying the defendant’s motion to set aside the verdict as contrary to the evidence, which was made a part of the record. The essential question presented by this motion is whether under the evidence the jury could have reasonably found a verdict for the plaintiff.

This ground of error is based on the claim that the evidence establishes conclusively that at the time of the accident the driver of the car was disobeying instructions, and was, therefore, not engaged in the execution of the defendant’s business within the scope of his…