Kennedy v. Flagg

On plaintiff’s exceptions to the direction of a verdict for the defendant. Plaintiff rested his case on his own testimony. In testing the propriety of directing the verdict, all the evidence must be viewed in the light most favorable to him. Lewiston Trust Co. v. Deveno et al., 145 Me. 224, 74 A. (2nd) 457, and cases cited therein.

Plaintiff testified that he was proceeding at moderate speed along a highway approximately 18 feet wide, on his proper side thereof; that the road “didn’t look too good,” and he decided to turn back and take another; that he saw a driveway on his left and elected to…