Alston v. Herrick

BECTON, Judge.

I

Plaintiff, Guss Alston, brought this action to recover damages suffered when the truck he was driving overturned. He alleged that this accident was caused by defendant Anne Herrick’s operating her automobile in the path of Alston’s truck. *248At trial, Alston and Herrick were the principal witnesses. Several other witnesses provided testimony chiefly relating to damages. At the close of all the evidence, the trial court directed a verdict in favor of Alston on the issue of contributory negligence. The court submitted two issues to the jury: whether Herrick was negligent, and if so,…