Finch v. McRae

This is an action to recover damages for personal injuries sustained in an automobile accident. The jury returned a $2,500 verdict for the plaintiff, Mildred Frances Finch. The trial judge set aside the verdict and entered judgment for the defendant, Alfred McRae. The question is whether we should affirm or should enter judgment for the plaintiff on the verdict.

The accident happened October 25, 1962, at approximately 7:10 a.m., on Route 682 near McRae’s home, about 20 miles south of Lynchburg. It was daylight at the time of the accident, and the road was dry. Route 682 is a blacktop secondary…