Mote v. Hilyard

JACKSON, Justice.

This is an action for damages for bodily injuries allegedly resulting from a motor vehicle collision, in which defendant cross-petitioned for his alleged injuries. At the close of all the evidence, the trial court sustained plaintiff’s demurrer to defendant’s evidence as to defendant’s cross-petition and submitted plaintiff’s case to the jury, resulting in a verdict and judgment for plaintiff.

Defendant appeals, assigning as the sole error the action of the trial court in sustaining plaintiff’s demurrer and removing defendant’s cross-petition from consideration by the jury.

The…