Hill v. Franklin

This is an appeal upon questions of law from an order and judgment of the Court of Common Pleas of Warren County granting a motion for judgment notwithstanding the verdict and setting the cause for a new trial.

Plaintiff commenced this action to recover damages for personal injuries allegedly suffered by her in a vehicular accident on October 28, 1964. At that time, she was a passenger in an automobile which was struck from the rear by one operated by defendant.

The cause was submitted to the jury at the close of all the evidence, the trial judge instructing its members that:

“You are instructed…