Killough v. . Williams

DeviN, J".

Tbe plaintiff’s appeal brings up for review tbe ruling of' tbe trial court that tbe evidence offered was insufficient to warrant submission of tbe ease to tbe jury. In order to determine tbe correctness of tbis ruling tbe evidence must be considered in tbe light most favorable for tbe plaintiff.

From tbe evidence introduced on tbe trial it was made to appear tbat on tbe occasion alleged, just after dark, plaintiff was driving bis automobile on a paved highway following defendants’ truck. Defendants’ truck pulled to tbe right, off on the shoulder of the road, apparently as if about to…