McMann v. Reliable Furniture Co.

The plaintiff was a pedestrian upon a public street. He was struck and injured by the defendant’s truck. The jury awarded him a verdict.

During the trial the plaintiff offered some testimony of a physician. The evidence was admitted over the objection of the defendant which excepted.

At the close of all the evidence the defendant moved for a directed verdict upon the contention that all of the evidence considered most favorably to the plaintiff had not sustained the burden of the plaintiff to prove his due care but had, as a matter of law, established his contributory negligence. To a denial of…