Carvel v. Underwood

This is a motion to set aside a verdict of no cause of action upon the usual grounds.

The evidence submitted was sufficient to enable the jury to return a verdict for either party. •

The defendant, however, by answer had raised the affirmative defense that the accident was “inevitable or unavoidable”. There was no motion to strike this affirmative defense.

At the request of the defendant, following the principal charge, I instructed the jury in substance that if the jury found that the accident was unavoidable, they should return a verdict of no cause of action. The plaintiff excepted.

The facts…