Eatman v. Bunn

MARTIN, Judge.

The questions presented for our consideration are the same for each appeal: whether the trial court erred in granting the respective motions for directed verdict, dismissing the plaintiffs claim and the defendant’s counterclaim. We conclude that in both instances the motion for directed verdict was improvidently granted and we therefore reverse and remand for a new trial.

The plaintiff, Donald Lee Eatman, offered evidence tending to show that on 26 August 1983, after dark, he was driving his automobile within the speed limit on a rural road when the defendant’s black Angus cow…