Smith v. Stocks

MARTIN (Harry C.), Judge.

I

Plaintiff first assigns as error the trial court’s denial of his motions for a directed verdict and for judgment n.o.v. and in the alternative for a new trial on defendant’s counterclaim. He alleges that defendant’s evidence showed no actionable negligence on his part and, as a matter of law, showed defendant’s contributory negligence. We will deal with each allegation separately.

On the issue of plaintiff’s negligence, the court instructed that, if shown by the greater weight of the evidence, plaintiff could be found negligent (1) in the operation of his truck on a…