West v. Johnson

The appellant assigns as error that the court should have granted his motion for a directed verdict on the grounds that as matter of law the defendant was free from negligence and the plaintiff guilty of contributory negligence and claims that judgment should have been entered for the defendant. He claims further that if judgment should not have been so entered, the verdict as reduced by the court is in excess of the lowest amount which the jury might properly have awarded under the evidence and that the court erred in giving the plaintiff option to take judgment in excess of such smallest…