Double Et Ux. v. Myers

Opinion by

Mr. Justice Drew,

This is an appeal by plaintiffs from the action of the court below in refusing a new trial, after having directed a verdict for defendant. The sole question to determine is whether or not the trial judge was right in directing the verdict. The action was brought by plaintiffs, husband and wife, to recover damages from the defendant, and the following facts were developed by the plaintiffs at the trial:

At about 11:30 o’clock P. M. on March 31, 1928, one of the plaintiffs, Mrs. Double, was run into and seriously injured by an automobile owned by the defendant. She was…