Rogers v. Merritt

Plaintiff, a minor, by her next friend, sued to recover damages for her personal injuries sustained in an automobile accident which occurred about 8:30 p. m., May 3, 1941, while she was riding as a guest passenger in an automobile owned and driven by defendant’s decedent. The trial court reserved decision on defendant’s motions for a directed verdict and submitted the case to the jury, which returned a verdict of $3,500 for plaintiff. On motion, the trial court entered judgment for defendant non obstante veredicto.

Plaintiff appeals, and the only question presented is, does the testimony,…