Smith v. Mooers

Christian B. Smith, the plaintiff, filed a motion for judgment against Edwin H. Mooers and Willard A. Mooers, individually and as copartners trading as Mooers Motor Car Company, the defendants. The motion sought the recovery of damages for personal injuries allegedly sustained by the plaintiff when he was involved in an accident while driving a used automobile which the defendants had for sale and which he was testing with a view to purchase.

A jury trial was held and, at the conclusion of the plaintiff’s evidence, the trial court struck the evidence and entered summary judgment in favor of…