Ballinger v. Smith

Plaintiff brought this suit to recover damages for injuries claimed to have been sustained by her in a traffic accident which occurred on US trunk-line highway No 12 in Calhoun county, shortly before 2 o’clock in the morning of July 18, 1948. On the trial of the cause, following the selection of a jury and the opening statement of plaintiff’s attorney, defendants moved for a directed verdict. The parties have entered into a stipulation, which appears in the record, reciting that such motion was based “on the pleadings of record and on file and upon the plaintiff’s opening statement.” An order…