Shappy v. McGarry

The plaintiff seeks to recover damages for injuries which he suffered while riding with the defendant in the automobile of the latter, and which he alleges were caused by the negligence of the defendant in the operation of his automobile. There was a trial by jury and a verdict and judgment thereon for the plaintiff. The defendant excepted.

At the close of the plaintiff's evidence, and again at the close of all the evidence, the defendant moved for a directed verdict in his favor on the ground that, viewing the evidence in the light most favorable to the plaintiff, it appears, as matter of…