McFadden v. Garrett

Plaintiff, Raymond Lee Garrett, brought this action against defendant, Lillian G. McFadden, administratrix of the estate of Robert Allen McFadden, deceased, for damages for personal injuries sustained when Garrett’s automobile, operated by McFadden, ran off the highway and struck a tree.

There was a jury trial. At the conclusion of plaintiff’s evidence defendant moved the trial court to strike the evidence as insufficient to sustain a verdict for plaintiff because it showed no negligence on the part of McFadden and established contributory negligence on the part of Garrett barring his…