Moseley v. Bailey

GILLESPIE, Presiding Justice:

R. L. Bailey, Jr., a minor, filed suit against Mrs. Bory Moseley for personal injuries sustained by the plaintiff when defendant’s automobile collided with plaintiff while he was riding his bicycle. The jury returned a verdict for plaintiff, and defendant appealed.

Defendant assigns as error the refusal of the trial court to grant a peremptory instruction requiring a verdict for defendant. We hold that the evidence was insufficient to make a jury question on the issue of liability. The peremptory instruction should have been given. We reverse and enter judgment…