Wilson Ex Rel. Wilson v. Rushton

The opinion of the court was delivered by

Fontron, J.:

This action is brought by the plaintiff, James M. Wilson, to recover for injuries received when the car in which he was riding, and which was driven by the defendant, William H. Rushton, crashed against a guardrail on U. S. Highway 1-70 immediately east of the K-99 overpass. At the conclusion of plaintiff’s evidence the trial court sustained the defendant’s motion for a directed verdict and the plaintiff has appealed. We shall refer to the parties as plaintiff, or Wilson, and defendant, or Rushton.

Both plaintiff and defendant, at the time…