Beatty v. H. B. Owsley & Sons, Inc.

BECTON, Judge.

I

The questions presented by plaintiffs second assignment of error are (1) whether the evidence shows negligence by Owsley 3 ; and (2) whether the evidence shows plaintiff was contributorily negligent as a matter of law. The standard is so well known that it needs no citation: A defendant’s motion for a directed verdict made under Rule 50(a) of the Rules of Civil Procedure presents the question of whether the evidence is sufficient to go to the jury. All of the plaintiffs evidence must be taken as true, and the plaintiff must be given the benefit of every reasonable inference…